21 Apr 2016
NG CHI KEUNG v. SECRETARY FOR JUSTICE
- Citation
- NG CHI KEUNG v. SECRETARY FOR JUSTICE
- Court
- Court of First Instance
- Case number
- HCAL27/2013
The DPP lawfully and validly took over the private prosecutions and, once taken over, was entitled to apply the reasonable prospect of conviction test in deciding to discontinue; delegation by the SJ to the DPP was effective on the evidence; the application of RPC in these circumstances did not unlawfully abrogate the right of private prosecution or infringe Basic Law arts 35 or 63; there was no apparent bias nor was the decision Wednesbury unreasonable, therefore the judicial review is dismissed.