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Hong Kong decisions
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The Court of First Instance dismissed leave for judicial review of a deportation order, finding no reasonably arguable challenge to legality, fairness, detention, or medical care.
The court dismissed leave to seek judicial review after more than eight years of inactivity, finding the stale challenge did not justify further court resources.
The Court of Appeal dismissed Lucy Michaels’ appeal, upheld the strike-out of her claim against Harbour Grand Hong Kong, and held the summary-judgment appeal incompetent for want of leave.
The Court of First Instance granted only limited leave to file part of a third-party witness statement, rejecting the rest as collateral and insufficiently relevant.
The Court of Final Appeal dismissed an out-of-time leave application concerning section 161 of the Crimes Ordinance and confirmed that accessing a computer for dishonest gain can include obtaining personal information.
The High Court upheld the striking out of a secretary’s re-amended claim for lack of particulars, no reasonable cause of action, and abuse of process.
Magistrates Ordinance s.19(2) validly grants both prosecution and defence the right to make closing speeches in magistrates' court proceedings without breaching fair trial rights; PD(P) Ordinance s.35J(5) criminalises the provision of personal data (including name and phone number recorded on card/phone) to another for use in direct marketing where the provider failed to take the specified pre-conditions under s.35J(2), and conviction was supported by evidence of intent and the existence of personal data, therefore the appellant's conviction is upheld.
Source excerpt
The court held that dishonesty convictions are not spent for solicitor-related employment, but the Law Society unlawfully published Y’s convictions in its circulars on the facts before it.
The court granted ANZ summary judgment in part, held the defendant had breached confidentiality obligations by emailing customer data to a personal account, and struck out parts of her counterclaim.
The court ordered non-party discovery of a marine accident report and seven witness statements, subject to strict restrictions, despite confidentiality and criminal-prejudice concerns.
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