Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Indictable offences
  • 7 Sept 1993

    R. v. LEUNG KWOK SING

    Citation
    R. v. LEUNG KWOK SING
    Court
    Court of Appeal
    Case number
    CACC538/1992

    The Court held that the Governor's written consent was a necessary prerequisite to instituting prosecutions under section 37C because the Territorial Waters Jurisdiction Act 1878 applied to Hong Kong (and its relevant policy/content was transposed into local law by section 23C of the Crimes Ordinance 1990); Part VIIA and the Attorney General's consent under section 37L did not negate the separate diplomatic/policy consent requirement of the Governor; the Governor's assent to the amending Ordinance did not delegate his separate statutory powers; absent the Governor's consent the proceedings we…