Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Hk bill of rights articles 10 and 11

  • 1 Aug 2016

    SECRETARY FOR JUSTICE v. CHOI TAT SHING

    Citation
    SECRETARY FOR JUSTICE v. CHOI TAT SHING
    Court
    Court of Appeal
    Case number
    CACV88/2016

    The Court held the committal proceedings under Order 52 are civil causes or matters for the purposes of appellate jurisdiction, Section 50 applies to interlocutory orders made in committal proceedings but does not negate the procedural leave requirement in Section 14AA (properly read as a procedural pre‑requisite and compatible with Section 50); Order 59 Rule 21 exempts committal orders committing to prison (and their discharge/variation) from leave, and a rolled-up hearing to determine leave and the substantive appeals was ordered for 18–19 August 2016.

    • Committal proceedings
    • Appeal characterization (civil v criminal)
    • Section 50 high court ordinance
    • Section 14aa leave requirement
    • Order 52 and order 59 rules
    • Hk bill of rights articles 10 and 11

  • 1 Aug 2016

    SECRETARY FOR JUSTICE v. CHAN AO TIEN

    Citation
    SECRETARY FOR JUSTICE v. CHAN AO TIEN
    Court
    Court of Appeal
    Case number
    CACV128/2016

    The Court held these committal proceedings, brought by motion under Order 52, are civil causes or matters for the purposes of the High Court Ordinance and Rules of the High Court; Section 50 applies to interlocutory orders in committal proceedings but does not negate the leave requirement under Section 14AA for interlocutory appeals (subject to specific exemptions in Order 59 Rule 21 for committal and variation/discharge of committal orders); Article 10 and 11 HKBoR protections apply notwithstanding the civil classification; a rolled-up hearing for leave and substantive appeals was directed f…

    • Contempt of court
    • Appeal jurisdiction
    • High court ordinance s50
    • Leave to appeal s14aa
    • Order 52 committal procedure
    • Hk bill of rights articles 10 and 11

  • 1 Aug 2016

    SECRETARY FOR JUSTICE v. CHAN WAI FUNG

    Citation
    SECRETARY FOR JUSTICE v. CHAN WAI FUNG
    Court
    Court of Appeal
    Case number
    CACV125/2016

    Appeals from the present committal applications are properly civil appeals (CACVs) because the underlying proceedings arose from civil injunctions and were brought under Order 52; Section 50 applies to interlocutory orders made in committal proceedings but does not negate the procedural leave requirement in Section 14AA for interlocutory appeals (Section 14AA regulates manner of exercise of the civil jurisdiction and is compatible with s50); Rules of the High Court (including Order 59 and Order 1) apply; safeguards of Articles 10 and 11 HKBoR nonetheless apply.

    • Committal proceedings
    • Appeal jurisdiction
    • Leave to appeal
    • High court ordinance s50 and s14aa
    • Rules of the high court order 52 and order 59
    • Hk bill of rights articles 10 and 11