Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Nuisance investigation
  • 20 Sept 2023

    DR. LEUNG KAM CHUNG KENNETH v. CHEN HIU YIN

    Citation
    [2023] HKCFI 2359
    Court
    Court of First Instance
    Case number
    HCAL1220/2023

    The decision to apply for the 2nd warrant was not amenable to judicial review in the circumstances; alternatively, even if amenable, there were no reasonably arguable public law grounds because the respondent had statutory power under s126(2) PHMSO, notice had been given, there were reasonable grounds based on prior investigations and tests, the magistrate did not err in granting the warrant, and there is no statutory obligation to disclose complainant identity or to organise mediation prior to applying for a warrant.