Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Order 52

  • 1 Aug 2016

    SECRETARY FOR JUSTICE v. HUNG CHEUK LUN

    Citation
    SECRETARY FOR JUSTICE v. HUNG CHEUK LUN
    Court
    Court of Appeal
    Case number
    CACV72/2016

    Appeals from the committal proceedings before the Court of First Instance brought under Order 52 are civil causes or matters for the purposes of appeal to the Court of Appeal; s50 applies to interlocutory orders in committal proceedings but does not nullify the procedural leave requirement in s14AA except where Rule 21(1)(e) and 21(4) of Order 59 expressly exempt orders for committal or their discharge/variation; Rules of the High Court govern procedure and HKBoR arts 10 and 11 protections apply to alleged contemnors; directed rolled-up hearing on 18–19 August 2016 to hear leave applications…

  • 1 Aug 2016

    SECRETARY FOR JUSTICE v. SZETO TZE LONG JASON

    Citation
    SECRETARY FOR JUSTICE v. SZETO TZE LONG JASON
    Court
    Court of Appeal
    Case number
    CACV73/2016

    The Court held the committal proceedings brought under Order 52 are civil causes or matters for the purposes of s13 of the High Court Ordinance; s50 applies to interlocutory orders in committal proceedings but does not negate the procedural leave requirement in s14AA and the Rules (save for explicit exemptions such as committal orders and their discharge/variation under Order 59 Rule 21); articles 10 and 11 HKBoR protections nonetheless apply; accordingly leave is required for interlocutory appeals and a rolled-up hearing to consider leave and the substantive appeals was directed for 18-19 Au…