Hong Kong Case Law: Decisions & Judgments

Topic

Permanent stay of criminal proceedings

Legal area

Court

14 Jun 2018

秦錦釗對香港特別行政區

Citation

[2018] HKCA 336
Court

Court of Appeal
Case number

CACV179/2017

The application for leave to appeal was refused because the Kebilene principle precludes using judicial review to intervene in the criminal trial process on evidentiary and stay issues, the applicant's arguments were not reasonably arguable as matters of general or great importance under s22(1)(b) of the CFAO, and alternative remedies or the ordinary criminal appellate process were available; therefore leave to appeal was denied and costs awarded.
14 Sept 2010

HKSAR v. WONG HUNG KI AND ANOTHER

Citation

HKSAR v. WONG HUNG KI AND ANOTHER
Court

Court of Final Appeal
Case number

FAMC43/2010

Leave to appeal out of time was refused because the prosecution did not show it was reasonably arguable that there had been a departure from accepted norms so serious as to constitute a substantial and grave injustice under s.32(2); accordingly no extension for a substantive appeal was warranted and costs were awarded to the respondents.
27 May 2008

RE KO KIT

Citation

RE KO KIT
Court

Court of Appeal
Case number

CACV138/2008

The Court dismissed the appeals and refused leave for judicial review because the trial judge made detailed factual findings that the recording arose from pre-existing covert surveillance, the intrusion was not motivated by an intent to capture privileged communications, officers acted in good faith and took swift remedial steps (withdrawal and termination), and those findings meant the breach did not affront the public conscience so as to justify a permanent stay; collateral challenge was inappropriate absent exceptional circumstances and adequate remedies existed within the criminal process.

Hong Kong Case Law

秦錦釗 對 香港特別行政區

HKSAR v. WONG HUNG KI AND ANOTHER

RE KO KIT

秦錦釗對香港特別行政區