26 Mar 2010
CHIANG LILY v. SECRETARY FOR JUSTICE
- Citation
- CHIANG LILY v. SECRETARY FOR JUSTICE
- Court
- Court of Final Appeal
- Case number
- FAMC64/2009
Section 88 is not unconstitutional because choice of venue is a prosecutorial function encompassed by Basic Law Article 63 and guided by prosecutorial policy; the prosecution's decision to seek trial in the District Court was supported by adequate reasons and was not irrational; the applicant's attempt to raise the constitutional point in a later judicial review was an abuse of process absent any arguable claim of flagrant incompetence by earlier counsel, and accordingly leave to appeal was refused.