Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Iccpr/bill of rights

  • 23 Aug 2005

    HKSAR v. MO YUK PING AND OTHERS

    Citation
    HKSAR v. MO YUK PING AND OTHERS
    Court
    District Court
    Case number
    DCCC636/2005

    On the balance of probabilities the accuseds failed to show that destruction of intercepted materials made a fair trial impossible or that ICAC conduct amounted to an abuse of process warranting a permanent stay; ICAC acted pursuant to a longstanding government policy to use intercepts for intelligence and to destroy product, there was no duty to retain the materials, no mala fides established, and the question of s.33's constitutionality was unnecessary to decide; accordingly applications for permanent stay are dismissed and trial to proceed.

  • 9 Sept 2002

    LAI HUNG WAI v. SECRETARY FOR SECURITY

    Citation
    LAI HUNG WAI v. SECRETARY FOR SECURITY
    Court
    Court of First Instance
    Case number
    HCAL1596/2001

    The court held that determining minimum terms for indeterminate juvenile sentences is, in substance, a judicial function because it materially determines the severity of punishment; s.67C(2),(4) and (6) unlawfully vested that function in the Chief Executive and is inconsistent with Basic Law Art.80 and therefore invalid. Declarations that s.67C contravened ICCPR Art.14(1)/BOR Art.10 and Basic Law Art.8 were refused. The challenge to the Review Ordinance provision restricting the Board from ordering release before minimum term (s.12(12)) was refused because the statutory scheme provides for ju…