Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Right to public hearing (article 10 bor)

Legal area

Court

31 Jul 2020

HKSAR v. CHEUNG KIN CHUNG

Citation

[2020] HKCFI 1240
Court

Court of First Instance
Case number

HCMA311/2019

The magistrate properly refused to issue the private summonses for good cause because the appellant failed to provide requested particulars or supporting materials and thus the essential ingredients of the alleged offences were not prima facie present; service by noticeboard was valid; allegations of bias were unproven; and Article 10 did not entitle the appellant to a public hearing at the summons‑application stage. All three appeals are dismissed.
31 Jul 2020

HKSAR v. CHEUNG KIN CHUNG

Citation

[2020] HKCFI 1238
Court

Court of First Instance
Case number

HCMA194/2019

The magistrate lawfully refused to issue the private summonses because the appellant failed to produce any material establishing the essential ingredients of the alleged offences prima facie; the refusal did not breach Article 10 as those guarantees do not apply to pre‑summons determinations; no actual or apparent bias was shown; ss.21–22 could not be used to compel CCTV before a summons issued; substituted service under s.115(4)(c) was valid and the appeals were dismissed.