景惠花園業主立案法團 對 吳旗生

景惠花園業主立案法團 對 吳旗生

The Court allowed the appeal and quashed the second committal because (1) indefinite committal was disproportionate and unjustified in the circumstances and should be rare, and (2) the respondent's original failure to comply with a time‑specified order was a single offence, so a second committal based on the same...

Source-derived case information.

Citation
景惠花園業主立案法團 對 吳旗生
Parties
Applicant: THE INCORPORATED OWNERS OF JING HUI GARDEN; Respondent: NG KEI SANG
Court
Court of Appeal
Jurisdiction
Hong Kong
Judgment Date
12 December 2017
Case Number
CACV242/2010
Procedural Posture
Civil Appeal / Decision on Appeal (court of Appeal Hearing and Judgment)
Outcome
Appeal allowed; second committal order quashed
Legal Topics
Committal to Prison for Contempt, Double Jeopardy/autrefois Convict, Enforcement of Court Orders, Costs
Source Language
ch
Contempt of Court Civil Procedure Property Management/enforcement Committal to Prison for Contempt Double Jeopardy/autrefois Convict Enforcement of Court Orders Costs

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Parties

THE INCORPORATED OWNERS OF JING HUI GARDEN

Applicant

NG KEI SANG

Respondent

Procedural Posture

Civil Appeal / Decision on Appeal (court of Appeal Hearing and Judgment)

  1. 1 Whether an indefinite committal order for contempt is lawful and proportionate
  2. 2 Whether a second committal order imposed punishment twice for the same breach (autrefois convict/double jeopardy)
  3. 3 Whether failure to comply with a time‑specified order constitutes a single offence or a continuing offence

Ratio Decidendi

The Court allowed the appeal and quashed the second committal because (1) indefinite committal was disproportionate and unjustified in the circumstances and should be rare, and (2) the respondent's original failure to comply with a time‑specified order was a single offence, so a second committal based on the same non‑compliance amounted to double punishment (autrefois convict) and was unlawful.

Court Disposition

Appeal allowed; second committal order quashed

Orders

  • Second committal order (dated 14 September 2010) set aside
  • Respondent awarded costs of this appeal assessed at HK$3,000