Hong Kong Case Law: Decisions & Judgments

Topic

Jurisdiction of lower courts

Legal area

Court

20 Apr 2021

莊裕安 v. 終審法院 AND ANOTHER

Citation

[2021] HKCFI 988
Court

Court of First Instance
Case number

HCAL112/2021

The application for leave to apply for judicial review was dismissed because the Court of First Instance lacked jurisdiction to grant the relief sought over appeals that had already been concluded, the intended application was misconceived and amounted to an abuse of process, and the applicant's requests to exclude particular judges or require a foreign or differently constituted judge amounted to impermissible forum shopping and were rejected.
20 Apr 1998

THE SECRETARY FOR JUSTICE v. CHENG SUNG TAK AND OTHERS

Citation

THE SECRETARY FOR JUSTICE v. CHENG SUNG TAK AND OTHERS
Court

Court of First Instance
Case number

HCAL72/1997

Because the prosecution offered no evidence on some charges and the deputy judge did not direct that verdicts of not guilty be recorded, those charges were merely withdrawn and the defendants were not acquitted; therefore the deputy judge lacked statutory jurisdiction under CPO s73A(1) to award costs to the respondents and the costs orders in favour of R1-R4 were quashed by certiorari; separate procedural orders were made regarding costs of the judicial review application.
17 Nov 1976

MARIA LUISA XAVIER v. JERRY FRANCIS XAVIER

Citation

MARIA LUISA XAVIER v. JERRY FRANCIS XAVIER
Court

Court of Appeal
Case number

CACV51/1976

The Court of Appeal held the District Court had jurisdiction to enforce the maintenance order and to commit for contempt: section 10A(2) and related provisions bring the District Court within the definition of "court" for matrimonial causes, Rules 87 and 88 apply, and section 48(1) gives the District Court power to grant remedies enforceable by attachment analogous to s.74 County Courts Act; Jennison v Baker and Martin v Bannister establish that attachment/commitment is part of the remedy, therefore the District Judge's dismissal for want of jurisdiction was wrong.

Hong Kong Case Law

莊裕安 v. 終審法院 AND ANOTHER

THE SECRETARY FOR JUSTICE v. CHENG SUNG TAK AND OTHERS

MARIA LUISA XAVIER v. JERRY FRANCIS XAVIER