Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

High court ordinance s50 and s14aa

  • 1 Aug 2016

    SECRETARY FOR JUSTICE v. AU YUK KWAN

    Citation
    SECRETARY FOR JUSTICE v. AU YUK KWAN
    Court
    Court of Appeal
    Case number
    CACV126/2016

    The court held that committal proceedings brought under Order 52, though capable of attracting penal consequences and the protections of Articles 10 and 11 HKBoR, are properly characterised as civil causes or matters for procedural purposes; s50 applies to interlocutory orders in committal proceedings but does not nullify the leave requirement under s14AA for interlocutory appeals (subject to existing exemptions in Order 59 for committal orders affecting liberty); consequently civil appeal rules apply and a rolled-up hearing for leave and the substantive appeals was directed for 18–19 August…

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

  • 1 Aug 2016

    SECRETARY FOR JUSTICE v. WONG LAI WAN

    Citation
    SECRETARY FOR JUSTICE v. WONG LAI WAN
    Court
    Court of Appeal
    Case number
    CACV74/2016

    Appeals arising from the committal applications before the Court of First Instance brought under Order 52 are properly characterized as civil appeals; section 50 applies to interlocutory orders in committal proceedings but does not negate the leave requirement in section 14AA for interlocutory appeals (except where Rules expressly exempt, e.g. committal orders under Order 59); articles 10 and 11 HKBoR protections apply notwithstanding civil procedural character; court directed rolled-up hearing for leave and substantive appeals on specified dates.

    • Committal
    • Appeal jurisdiction
    • Leave to appeal
    • Classification civil v criminal
    • High court ordinance s50 and s14aa
    • Rules of the high court order 52 and order 59

  • 1 Aug 2016

    SECRETARY FOR JUSTICE v. CHU PUI YAN

    Citation
    SECRETARY FOR JUSTICE v. CHU PUI YAN
    Court
    Court of Appeal
    Case number
    CACV85/2016

    The Court held the committal proceedings brought under Order 52 are civil causes or matters for the purposes of the High Court Ordinance and appeals are properly civil appeals; section 50 applies to interlocutory orders in committal proceedings but does not annul the procedural leave requirement in section 14AA for interlocutory appeals (subject to express exemptions in the Rules, eg Order 59 Rule 21 for committal orders); Rules of the High Court apply and Articles 10 and 11 HKBoR afford criminal trial safeguards to alleged contemnors.

    • Contempt of court
    • Appeals jurisdiction
    • Leave to appeal
    • High court ordinance s50 and s14aa
    • Hong kong bill of rights articles 10 and 11

  • 1 Aug 2016

    SECRETARY FOR JUSTICE v. KWOK YEUNG YUK

    Citation
    SECRETARY FOR JUSTICE v. KWOK YEUNG YUK
    Court
    Court of Appeal
    Case number
    CACV86/2016

    The Court held the appeals are properly characterized as civil appeals (CACVs) because the committal prosecutions were brought under Order 52 as civil proceedings; Section 50 applies to interlocutory orders in committal proceedings but does not displace the procedural leave requirement in s14AA for interlocutory appeals (save for the specific exemptions in Order 59 r21 for committal and related orders); Rules of the High Court govern procedure, while HKBoR articles 10 and 11 protections apply to the contemnors due to penal consequences.

    • Contempt of court
    • Committal proceedings
    • Appeals
    • Leave to appeal
    • Hong kong bill of rights articles 10 and 11
    • High court ordinance s50 and s14aa

  • 1 Aug 2016

    SECRETARY FOR JUSTICE v. SIEW YUN LONG

    Citation
    SECRETARY FOR JUSTICE v. SIEW YUN LONG
    Court
    Court of Appeal
    Case number
    CACV133/2016

    The Court held that committal proceedings for criminal contempt brought under Order 52 are properly characterised as civil causes or matters for the purposes of the High Court Ordinance and appeals may be brought as civil appeals (CACVs); Section 50 applies to interlocutory orders in committal proceedings but does not displace the leave requirement in Section 14AA (subject to the specific exemptions in Order 59 r21 for orders committing to prison or their discharge/variation); Articles 10 and 11 HKBoR protections apply notwithstanding the civil procedural character; consequentially leave is r…

    • Committal proceedings
    • Appeal jurisdiction
    • Leave to appeal
    • High court ordinance s50 and s14aa
    • Order 52 and order 59 rules
    • Articles 10 and 11 hong kong bill of rights

  • 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