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
- HCMP4294/1998
The restraint orders were discharged because the Government did not possess a settled, unconditional intention and the present ability to charge the respondents under the specified offence; a conditional intention contingent on obtaining further admissible evidence does not satisfy s14(2)(a)'s requirement that a person "is to be charged" even though the question of benefit is to be decided on the balance of probabilities.