Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Seizure powers

Legal area

Court

1 Dec 1999

APPLE DAILY LTD. v. THE COMMISSIONER OF THE INDEPENDENT COMMISSION AGAINST CORRUPTION

Citation

APPLE DAILY LTD. v. THE COMMISSIONER OF THE INDEPENDENT COMMISSION AGAINST CORRUPTION
Court

Court of Appeal
Case number

CACV344/1999

There was an arguable case that both the s.17 and s.85 warrants arguably exceeded or did not properly reflect the statutory seizure powers; balancing public interest and freedom of expression, and given the ability to have the application heard quickly, the court exercised its discretion to grant an interim order keeping the seized items in locked premises and prohibiting the ICAC from making use of them pending determination of Apple Daily's application to discharge the warrants.
13 Dec 1995

R. v. NG WAI KUEN

Citation

R. v. NG WAI KUEN
Court

Court of First Instance
Case number

HCMA893/1995

Appeal allowed because there was no evidence that the officer had the written authorisation required by s.86 PHMSO Cap.132; absence of such proof meant the officer was not shown to be acting in execution of his duty and the convictions for obstruction and related criminal intimidation could not stand.