Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Binding-over order

  • 24 Jan 2025

    香港特別行政區 訴 梁文馨

    Citation
    [2025] HKCFI 1474
    Court
    Court of First Instance
    Case number
    HCMA280/2024

    Because the appellant admitted the material facts in court that met the established criteria for a preventive binding-over order and the magistrate had statutory jurisdiction under Cap.221 s109I and relevant authorities, the magistrate properly exercised discretion and the binding-over order was lawful; the appellant's later factual complaints did not displace her in-court admissions and did not demonstrate error justifying overturning the order.

  • 30 Mar 2012

    香港特別行政區 訴 滕維德

    Citation
    香港特別行政區 訴 滕維德
    Court
    Court of First Instance
    Case number
    HCMA660/2011

    The magistrate lawfully had power to make the binding‑over order under the cited statutory provisions; the appellant's conduct of deliberately throwing an object from height that struck a person and interrupted proceedings amounted to behaviour involving violence or threat and disrupted order; the appellant's refusal to sign the recognizance constituted contempt of court and the magistrate's committal to 14 days' imprisonment and HK$1,000 costs were within proper discretion and proportionate, therefore the appeal is dismissed.