1 Aug 2016
SECRETARY FOR JUSTICE v. CHAU WAN YING
- Citation
- SECRETARY FOR JUSTICE v. CHAU WAN YING
- Court
- Court of Appeal
- Case number
- CACV83/2016
The Court held that committal proceedings brought under Order 52 are civil causes or matters for the purposes of the High Court Ordinance and the Rules of the High Court; section 50 applies to interlocutory orders in committal proceedings but does not override the leave requirement under s14AA (which is a procedural prerequisite), save for the statutorily exempted committal/discharge/variation orders in Order 59 Rule 21; consequently civil procedural rules govern the appeals while Articles 10 and 11 HKBoR protections apply owing to penal consequences.