15 Feb 2008
WONG KEI KWONG v. PRINCIPAL ASSISTANT SECRETARY FOR THE CIVIL SERVICE AND ANOTHER
- Citation
- WONG KEI KWONG v. PRINCIPAL ASSISTANT SECRETARY FOR THE CIVIL SERVICE AND ANOTHER
- Court
- Court of First Instance
- Case number
- HCAL49/2007
Court held that disciplinary inquiry may proceed: Article 11(6) Bill of Rights does not bar disciplinary employer-employee proceedings because they are not part of criminal penal procedure; s15 PSAO does not bar the inquiry because the disciplinary charge did not raise substantially the same issues as the criminal charges (disciplinary charge lacked the element of intent/use of document required in criminal charges); the Chief Executive may delegate the power to institute disciplinary inquiries and appoint inquiry committees under PSAO and PSDR as amended and lawful delegation was evidenced b…