Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Public conscience affront
  • 17 Jun 2008

    RE KO KIT

    Citation
    RE KO KIT
    Court
    Court of Appeal
    Case number
    CACV138/2008

    Refused to certify under section 32; held that while judicial review challenging a refusal to grant a permanent stay is not invariably impermissible, satellite collateral challenges in criminal cases must be confined to highly exceptional cases; applied the arguability test and declined to adopt a higher 'clearly wrong' threshold; questions about when deliberate LPP breaches amount to an affront to public conscience and extension of stays to co-accused are fact-sensitive and unsuitable for certification.