3 Nov 1998
SECRETARY FOR JUSTICE v. CHAN YIN BING AND OTHERS
- Citation
- SECRETARY FOR JUSTICE v. CHAN YIN BING AND OTHERS
- Court
- Court of First Instance
- Case number
- HCMP4307/1998
The court held that 'is to be charged' in s14(2)(a) requires a settled intention to commence criminal proceedings coupled with the ability to do so at the time the statement is made; the Government only had a conditional intention dependent on obtaining admissible evidence and therefore was not in a position to charge the respondents, so the restraint orders could not be continued and must lapse.