Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Pgo 6-01(8)

Legal area

Court

26 Mar 2015

KONG KWOK KEUNG v. COMMISSIONER OF POLICE

Citation

KONG KWOK KEUNG v. COMMISSIONER OF POLICE
Court

Court of First Instance
Case number

HCAL128/2012

The conviction under Charge (A) was quashed because the Adjudicating Officer impermissibly equated the imposition of restricted duties with proof of impairment of operational efficiency without adequate evidential proof of the causal link; integrity concerns are relevant but the AO relied on duty restrictions as sufficient, which was irrational, so rehearing is required.
21 Feb 2013

KONG KWOK KEUNG v. COMMISSIONER OF POLICE

Citation

KONG KWOK KEUNG v. COMMISSIONER OF POLICE
Court

Court of First Instance
Case number

HCAL128/2012

The Adjudicating Officer did not err in law: PGO 6-01(8) (1999) requires three causally linked elements and operational efficiency can legitimately be assessed from a management perspective including suitability for posting; evidence that the officer was placed on restricted duties, prohibited from carrying firearms, and had integrity concerns provided a sufficient evidential basis to find impairment of operational efficiency; therefore the leave application had no realistic prospect and was refused.