Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Judicial delay

  • 5 Dec 2008

    HKSAR v. TIN\'S LABEL FACTORY LTD

    Citation
    HKSAR v. TIN\'S LABEL FACTORY LTD
    Court
    Court of Final Appeal
    Case number
    FACC5/2008

    The perfection rule applies to magisterial appeals to the CFI; the decision of the judge is only perfected when the magistrates' clerk enters the judge's memorandum in the magistrates' register kept under s.35(1) of the Magistrates Ordinance (the computerized register); until that entry the judge may alter his decision; the first written judgment purporting to dismiss the appeal was legally void and the second written judgment properly constitutes the reasons for the oral decision allowing the appeal.

  • 5 May 2005

    YEUNG MAY WAN AND OTHERS v. HKSAR

    Citation
    YEUNG MAY WAN AND OTHERS v. HKSAR
    Court
    Court of Final Appeal
    Case number
    FACC19/2004

    Appellants' arrests were unlawful because the arresting officers did not possess reasonable grounds to suspect the demonstrators had committed an unreasonable public place obstruction once the demonstrators' constitutional right to demonstrate was given proper weight; consequently the officers were not acting in the due execution of their duty when removing the appellants at the police station and the convictions for wilful obstruction of police and for assault (charges 3–6) must be quashed; PFO s50 must be read to require reasonable suspicion to prevent arbitrary arrest.