3 Nov 1998
SECRETARY FOR JUSTICE v. CHAN YIN BING AND OTHERS
- Citation
- SECRETARY FOR JUSTICE v. CHAN YIN BING AND OTHERS
- Court
- Court of First Instance
- Case number
- HCMP4306/1998
The phrase "is to be charged" in section 14(2)(a) requires a settled intention at the time coupled with the ability to charge; a merely conditional intention dependent on obtaining further admissible evidence does not satisfy the statutory requirement, therefore the ex parte restraint orders could not be continued and must lapse immediately (noting that the balance of probabilities standard applies to benefit but cannot cure the failure of the charging-intention limb).