Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Admissibility of hearsay affidavits

Legal area

Court

3 Nov 1998

SECRETARY FOR JUSTICE v. CHAN YIN BING AND OTHERS

Citation

SECRETARY FOR JUSTICE v. CHAN YIN BING AND OTHERS
Court

Court of First Instance
Case number

HCMP4297/1998

The Secretary for Justice did not possess a settled intention and present ability to charge the respondents at the time the affidavits were sworn; a conditional intention dependent on future admissible evidence is insufficient to satisfy Section 14(2)(a); therefore the statutory prerequisite for continuation of the restraint orders was not met and the restraint orders must lapse immediately.
3 Nov 1998

SECRETARY FOR JUSTICE v. CHAN YIN BING AND OTHERS

Citation

SECRETARY FOR JUSTICE v. CHAN YIN BING AND OTHERS
Court

Court of First Instance
Case number

HCMP4306/1998

The phrase "is to be charged" in section 14(2)(a) requires a settled intention at the time coupled with the ability to charge; a merely conditional intention dependent on obtaining further admissible evidence does not satisfy the statutory requirement, therefore the ex parte restraint orders could not be continued and must lapse immediately (noting that the balance of probabilities standard applies to benefit but cannot cure the failure of the charging-intention limb).