Hong Kong Case Law: Decisions & Judgments

Topic

Icac investigations

Legal area

Court

12 Oct 2021

HKSAR v. CHEN KEEN (alias JACK CHEN)AND OTHERS

Citation

[2021] HKCFI 3024
Court

Court of First Instance
Case number

HCCC309/2019

Applying the balance of probabilities and the authorities, the court found there was a limited, contextual waiver by Ms Chan only in respect of communications and legal advice relating to the ICAC interview under caution; there was no general or full waiver. Accordingly a narrowed documentary summons may issue limited to communications evidencing legal advice sought or given concerning that interview within the appropriate timeframe and scope.
8 Feb 1985

Y KHAN v. P.G. O\'DEA AND ANOTHER

Citation

Y KHAN v. P.G. O\'DEA AND ANOTHER
Court

Court of First Instance
Case number

HCA5850/1982

Documents in the four identified ICAC and UMELCO files are immune from disclosure because the statutory purpose and essential need for confidentiality in ICAC/UMELCO investigations outweighs any marginal relevance to the defamation proceedings; the Commissioner cannot waive that public interest immunity; accordingly subpoenas requiring production of those documents must be set aside while oral evidence may still be given.
7 Nov 1977

CLIFFORD WONG CHUN-FAI v. ATTORNEY GENERAL

Citation

CLIFFORD WONG CHUN-FAI v. ATTORNEY GENERAL
Court

Court of Appeal
Case number

CACV43/1977

The combined statutory scheme of the Magistrates' Ordinance (ss.88-90) and the District Court Ordinance (including s.6 and s.75) manifested the Legislature's clear intent to make transfer to the District Court mandatory on the Attorney General's application for indictable offences, thereby removing the common law right to trial by jury in respect of offences so transferred; the Attorney General's exercise of that statutory discretion was not shown to be unlawful or tainted by improper motive and certiorari was therefore not available to quash transfers of the indictable charges, though the er…
8 Jul 1977

RE CLIFFORD WONG CHUN FAI

Citation

RE CLIFFORD WONG CHUN FAI
Court

Court of First Instance
Case number

HCMP276/1977

The magistrate erred in treating section 88 as mandatory in relation to a summary offence and therefore failed to appreciate his discretion as to that charge, but the transfer order is severable and the applicants failed to show the Attorney General exercised his discretion unfairly; accordingly the applications for certiorari are dismissed with costs.
20 Sept 1975

J.V. PRENDERGAST (I.C.A.C.) v. PETER CHAN

Citation

J.V. PRENDERGAST (I.C.A.C.) v. PETER CHAN
Court

Court of Appeal
Case number

CACC768/1975

A magistrate has discretion to hear applications under s.17A(6) either in chambers or in open court, and such applications may be considered in the absence of the person under investigation provided the magistrate independently scrutinises the ICAC's evidence and may require affidavits or oral evidence when necessary.

Hong Kong Case Law

HKSAR v. CHEN KEEN (alias JACK CHEN)AND OTHERS

Y KHAN v. P.G. O\'DEA AND ANOTHER

CLIFFORD WONG CHUN-FAI v. ATTORNEY GENERAL

RE CLIFFORD WONG CHUN FAI

J.V. PRENDERGAST (I.C.A.C.) v. PETER CHAN