Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Unreasonable hardship test

Legal area

Court

3 Jul 2003

HKSAR v. Y

Citation

HKSAR v. Y
Court

Court of First Instance
Case number

HCMA551/2003

The magistrate did not err in law: the appellant failed to establish any hardship from non‑return of travel documents; the magistrate properly weighed the appellant's evidence against documentary materials and was entitled to reject it; therefore no further balancing of investigatory interests was required and the appeal is dismissed.
31 Mar 1995

R. v. T

Citation

R. v. T
Court

Court of First Instance
Case number

HCMA370/1995

The Magistrate's discretionary balancing under s17B(6) was not shown to be wrong: on the evidence the interests of the specific Prevention of Bribery investigation outweighed the appellant's personal interests and the appeal is therefore dismissed, subject to the obligation that the ICAC must complete the specific investigation promptly and not prolong it to assist other enquiries.