10 Jun 2021
LAI CHEE YING v. COMMISSIONER OF POLICE
- Citation
- [2021] HKCFI 1677
- Court
- Court of First Instance
- Case number
- HCMP1218/2020
The court dismissed the proposed amendments and the interlocutory injunction summons because challenges to the lawfulness of search warrants must be pursued by judicial review (Order 53) and attempts to introduce such public law claims in ordinary originating summonses constituted an abuse of process under the exclusivity principle; the proposed irrelevance-based return claims were premature and inappropriate while criminal investigations remain ongoing; injunctions were unnecessary, unworkable in light of the Protocol and, as against the Commissioner in his official capacity, barred by Crown…