1 Aug 2016
SECRETARY FOR JUSTICE v. MA PO KWAN
- Citation
- SECRETARY FOR JUSTICE v. MA PO KWAN
- Court
- Court of Appeal
- Case number
- CACV70/2016
The Court held that committal proceedings brought by motion under Order 52 are properly characterized as civil causes or matters for the purposes of the High Court Ordinance and the Rules of the High Court; Section 50 applies to interlocutory orders in committal proceedings but does not displace the procedural leave requirement in s14AA and Order 59 (except for committal orders and related discharge/variation which are exempt); consequentially Order 59 and relevant civil rules govern preparation and processing of these appeals while articles 10 and 11 HKBoR protections apply given potential p…
- Characterisation of contempt proceedings (civil v criminal)
- Applicability of high court ordinance s50
- Leave to appeal under s14aa and order 59
- Procedural regime for committal under order 52
- Application of hong kong bill of rights arts 10 and 11