Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Retrospective application of statutes

Legal area

Court

25 Mar 1992

R. v. LAM WAN-KOW

Citation

R. v. LAM WAN-KOW
Court

Court of Appeal
Case number

CACC266/1991

The phrase 'according to law' in Article 11(4) requires an adequate appellate legal framework (procedural law) to enable review; the Bill of Rights Ordinance does not operate retrospectively under s.2(3) so it does not affect convictions lawfully obtained before 8 June 1991; accordingly the applicants' challenges based on retrospective application of the Ordinance must be dismissed.
CHOW SUI KWAN v. TAM WAH SUM

Citation

CHOW SUI KWAN v. TAM WAH SUM
Court

District Court
Case number

DCCJ23/1981

Section 59(1) preserves the District Court's jurisdiction to continue and dispose of matters or proceedings which it has heard or commenced to hear prior to 19/12/81 as if the Amendment Ordinance had not been enacted; interlocutory applications constitute matters or proceedings and therefore these actions (which had interlocutory matters heard before 19/12/81) must proceed under the pre‑existing law and Section 53A does not apply.