Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Policy compliance
  • 7 Feb 2013

    RE NG CHI KEUNG

    Citation
    RE NG CHI KEUNG
    Court
    Court of First Instance
    Case number
    HCAL27/2013

    Leave to apply for judicial review refused because the applicant's case was unarguable: the Director/Secretary lawfully exercised prosecutorial discretion by taking over and withdrawing the unserved summonses after a full investigation and further representations, applying the Department's Policy and the "reasonable prospect of conviction" test; delegation to the Director was within authorised powers and did not give rise to demonstrable bias; withdrawal of summonses (not a nolle prosequi) was lawful; judicial interference is inappropriate absent exceptional circumstances.