1 Aug 2016
SECRETARY FOR JUSTICE v. CHEUNG KAI YIN
- Citation
- SECRETARY FOR JUSTICE v. CHEUNG KAI YIN
- Court
- Court of Appeal
- Case number
- CACV69/2016
The Court held that the committal applications brought under Order 52 are civil in procedural character and the appeals are properly brought as civil appeals (CACVs); section 50 applies to interlocutory orders in committal proceedings but does not override the leave requirement in section 14AA (which is a procedural precondition), subject to express exemptions in Order 59 Rule 21 for orders committing to prison or their discharge/variation; appellants nonetheless enjoy protections under Articles 10 and 11 HKBoR; a rolled-up hearing for leave and the substantive appeals was directed for 18–19…