Hong Kong Case Law: Decisions & Judgments

Topic

Certificate of no criminal conviction

Legal area

Court

4 Aug 2010

LAU SIU CHING v. COMMISSIONER OF POLICE

Citation

LAU SIU CHING v. COMMISSIONER OF POLICE
Court

Court of First Instance
Case number

HCAL98/2009

There was no existing final decision refusing to issue a certificate; the police's established practice of withholding or qualifying certificates pending ongoing criminal investigations is legitimate to prevent misleading foreign immigration authorities; the police's disclosure materials satisfied the applicant's need for information; accordingly mandamus and quashing were inappropriate and the judicial review application was dismissed with costs.
9 May 1988

M v. ATTORNEY GENERAL

Citation

M v. ATTORNEY GENERAL
Court

Court of First Instance
Case number

HCMP511/1988

The Court held the applicant had validly authorised disclosure of his recorded conviction under section 6(5), that sections 4(1)(c) and 4(2)(b) did not apply to a foreign resident visa, and that disclosure to the applicant was therefore lawful and not in breach of section 2(1)(ii); the application for certiorari was dismissed.
14 Aug 1981

MOY CHUNG MAN JOHN v. ATTORNEY GENERAL

Citation

MOY CHUNG MAN JOHN v. ATTORNEY GENERAL
Court

Court of First Instance
Case number

HCMP449/1981

The Commissioner was not obliged to issue an unqualified 'clean' Certificate of No Criminal Conviction where police records showed a prior finding of guilt with an order of 'no conviction recorded'; disclosure of that fact to assist immigration authorities was a proper exercise of the Commissioner's discretionary public service; the Plaintiff's claims for declaratory relief were not justiceable or appropriate and would be refused in the exercise of discretion; the estoppel claim failed because no enforceable representation created a right to a clean certificate and the Commissioner acted with…

Hong Kong Case Law

LAU SIU CHING v. COMMISSIONER OF POLICE

M v. ATTORNEY GENERAL

MOY CHUNG MAN JOHN v. ATTORNEY GENERAL