2 Mar 2009
IQBAL SHAHID AND OTHERS v. SECRETARY FOR JUSTICE
- Citation
- IQBAL SHAHID AND OTHERS v. SECRETARY FOR JUSTICE
- Court
- Court of First Instance
- Case number
- HCAL150/2008
The court held that the prosecutions fell outside the published prosecution policy but that prosecution outside the policy is not, by itself, an abuse of process warranting a stay; however, a recognizance entered under s.36 can constitute authority from the Director to remain in Hong Kong for the purposes of a defence to a charge under s.38(1)(b); accordingly the magistrate's decisions were quashed and the matters remitted to the magistrate to reconsider in light of these findings.