26 Aug 2016
SUM CHEUNG WAI v. TSUI HIN YUET
- Citation
- SUM CHEUNG WAI v. TSUI HIN YUET
- Court
- Court of Appeal
- Case number
- CACV57/2016
The court held that the tort of malicious prosecution requires the commencement of legal proceedings (invocation of court process) and that mere reporting to police, investigatory acts such as arrest or execution of search warrants, or the giving of statements to investigatory authorities without charges being laid do not constitute prosecution; because no charge was preferred and CCB exercised independent discretion, the plaintiff could not establish prosecution or that the defendant procured a prosecution, and the appeal must be dismissed; the trial judge did not err in refusing late re-ame…