11 Mar 2020
香港特別行政區 訴 符文傑
- Citation
- [2020] HKCFI 1197
- Court
- Court of First Instance
- Case number
- HCMA458/2019
The court held the prison disciplinary hearing under the Prison Rules was administrative in nature and not a criminal prosecution for the purposes of the rule against double jeopardy or the human-rights provision relied upon; therefore there was no abuse of process in prosecuting the appellant criminally. The conviction was upheld and the sentence fixed at 10 days imprisonment but suspended for 1 year after accounting for prior disciplinary punishment and other mitigating factors including delay.