25 Jan 2005
LUK SIU FAI v. SECRETARY FOR JUSTICE on behalf of COMMISSIONER OF POLICE
- Citation
- LUK SIU FAI v. SECRETARY FOR JUSTICE on behalf of COMMISSIONER OF POLICE
- Court
- Court of First Instance
- Case number
- HCAL37/2004
The AO's findings were rational and based on cogent, contemporaneous evidence (three officers' records and immigration records); identified discrepancies were minor and did not destroy reliability; absence of a formal caution did not vitiate admissibility in disciplinary proceedings; the AO's language indicated a high standard of proof equivalent to beyond reasonable doubt; the conduct was disciplinable as a continuing event into Hong Kong; dismissal was a lawful and proportionate disciplinary response — accordingly the judicial review is dismissed.