Hong Kong Case Law: Decisions & Judgments

Topic

Duty to investigate systemic practice

Legal area

Court

15 Oct 1996

PANG HON WAH and Others v. ATTORNEY GENERAL

Citation

PANG HON WAH and Others v. ATTORNEY GENERAL
Court

Court of First Instance
Case number

HCMP1573/1996

The application to set aside leave was refused: the ex parte judge (Keith, J) did not err sufficiently in extending time because the applicants applied promptly after the decisive earlier judgment (Cheung's case) and the matters raised were of public importance; any non-disclosure was not deliberate and justice required the cases to proceed to determine whether departmental practice affected culpability.
15 Oct 1996

PANG HON WAH and Others v. ATTORNEY GENERAL

Citation

PANG HON WAH and Others v. ATTORNEY GENERAL
Court

Court of First Instance
Case number

HCMP1232/1996

The application by the Attorney General to set aside the leave granted was refused: the applicants demonstrated a good reason for extension (their reliance on the outcome in Cheung's case), there was no deliberate material non-disclosure warranting setting aside, prejudice and detriment to good administration were not established, and justice required allowing the substantive challenge to proceed to investigate possible systemic departmental practices that bore on culpability.
15 Oct 1996

PANG HON WAH and Others v. ATTORNEY GENERAL

Citation

PANG HON WAH and Others v. ATTORNEY GENERAL
Court

Court of First Instance
Case number

HCMP1575/1996

Leave granted to the applicants was not set aside because they provided a good reason for delay (reliance on this court's Cheung decision), any non‑disclosure was not deliberate, prejudice to the respondent was not shown to be decisive, and justice required the substantive issues about departmental practice and culpability to be examined.

Hong Kong Case Law

PANG HON WAH and Others v. ATTORNEY GENERAL

PANG HON WAH and Others v. ATTORNEY GENERAL

PANG HON WAH and Others v. ATTORNEY GENERAL