Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Waiver and promptness of recusal applications
  • 13 Nov 2015

    ZN v. SECRETARY FOR JUSTICE AND OTHERS

    Citation
    ZN v. SECRETARY FOR JUSTICE AND OTHERS
    Court
    Court of First Instance
    Case number
    HCAL15/2015

    The judge dismissed the recusal application because, on the correct facts and viewed by the fair‑minded and informed observer, there was no real possibility that he would not bring an impartial mind to the judicial review: his prior public role and statements as DPP were undertaken in good faith, were public and part of HKSARG policy, the applicant did not object, no cogent evidence showed entrenched predetermination on Article 4 issues, and professional judicial training and oath supported an expectation of impartiality.

    • Apparent bias/recusal
    • Article 4 hong kong bill of rights (forced labour/servitude)
    • Positive obligations of the state
    • Prosecution policy and law reform
    • Waiver and promptness of recusal applications