Hong Kong Case Law: Decisions & Judgments

Topic

Territorial waters jurisdiction

Legal area

Court

21 Dec 1993

R. v. WONG SAU CHUEN and Another

Citation

R. v. WONG SAU CHUEN and Another
Court

Court of Appeal
Case number

CACC476/1993

The Governor's power to give written consent under s.23C of the Crimes Ordinance is delegable under s.63 of the Interpretation and General Clauses Ordinance; the February 10, 1993 authorization lawfully and sufficiently identified liable delegates in the Attorney General's Chambers; delegation to Mrs M.A. Crabtree was lawful and her written consents were valid; therefore proceedings below were not a nullity and the appeals are dismissed.
7 Sept 1993

R. v. LEUNG KWOK SING

Citation

R. v. LEUNG KWOK SING
Court

Court of Appeal
Case number

CACC538/1992

The Court held that the Governor's written consent was a necessary prerequisite to instituting prosecutions under section 37C because the Territorial Waters Jurisdiction Act 1878 applied to Hong Kong (and its relevant policy/content was transposed into local law by section 23C of the Crimes Ordinance 1990); Part VIIA and the Attorney General's consent under section 37L did not negate the separate diplomatic/policy consent requirement of the Governor; the Governor's assent to the amending Ordinance did not delegate his separate statutory powers; absent the Governor's consent the proceedings we…
7 Sept 1993

R. v. HUI LAN CHAK

Citation

R. v. HUI LAN CHAK
Court

Court of Appeal
Case number

CACC287/1992

The Court held that the Governor's written consent was a necessary prerequisite in addition to the Attorney General's consent for prosecutions of the type charged because the territorial‑waters consent requirement in the 1878 Act applied (and was effectively transposed into local law by s23C); absence of the Governor's consent rendered the proceedings a nullity, so convictions were quashed and sentences set aside.

Hong Kong Case Law

R. v. WONG SAU CHUEN and Another

R. v. LEUNG KWOK SING

R. v. HUI LAN CHAK