Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Applicability of s109a criminal procedure ordinance

Legal area

Court

17 Jan 2018

SECRETARY FOR JUSTICE v. MAK YING SHEUNG

Citation

[2018] HKCFI 77
Court

Court of First Instance
Case number

HCMP796/2015

Section 109A of the Criminal Procedure Ordinance does not apply to these civil contempt proceedings because the Court of First Instance is not exercising its criminal jurisdiction in them (Secretary for Justice v Cheung Kai Yin); sentencing must be proportionate to each respondent's role, with immediate imprisonment for principal obstructors and suspended sentences and/or fines for lesser participants.
17 Jan 2018

SECRETARY FOR JUSTICE v. CHAN PO YING

Citation

[2018] HKCFI 77
Court

Court of First Instance
Case number

HCMP784/2015

Section 109A of the Criminal Procedure Ordinance does not apply because these contempt proceedings are civil causes or matters and the Court of First Instance was not exercising criminal jurisdiction; having assessed video evidence and mitigation, the court imposed a range of sentences proportional to each respondent's role — immediate imprisonment for principal obstructors, suspended prison terms and fines for others — and awarded costs to the applicant on an indemnity basis with a certificate for three counsel.