10 Dec 2004
RE CHU WAI HA
- Citation
- RE CHU WAI HA
- Court
- Court of First Instance
- Case number
- HCB19401/2003
Section 138 insofar as it empowers the court to order prosecution of bankrupts in respect of public prosecutions is inconsistent with the Basic Law principles of separation of powers and judicial independence because it requires the court to perform a role that properly belongs to the public prosecuting authority; accordingly the application under Section 138 for a public prosecution is dismissed, while the court expresses no concluded view on private prosecutions under Section 138.