Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Order 52 r6(4)
  • 13 Apr 2026

    MR CHU KONG v. SUN MIN AND OTHERS

    Citation
    [2026] HKCFI 2087
    Court
    Court of First Instance
    Case number
    HCMP3605/2016

    The judge ruled that defendants are not required to make an election whether to call evidence at the time they make a submission of no case to answer; the criminal procedure applies to the election issue in committal/contempt proceedings because Articles 10 and 11 HKBoR require the protection afforded by the criminal no-case mechanism (the defendant may "wait and see" and decide only after the court's ruling), and Order 52 r6(4) is to be read purposively within the court's power to regulate procedure.