Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Bench warrant
  • 13 Nov 1986

    WILLIAM ALAN TERENCE CRAWLEY v. ATTORNEY GENERAL

    Citation
    WILLIAM ALAN TERENCE CRAWLEY v. ATTORNEY GENERAL
    Court
    Court of First Instance
    Case number
    HCA4675/1985

    The bench warrant was valid and the initial arrest and detention until presentation to magistrate were lawful under the Police Force Ordinance and Magistrates' Ordinance; however the decision to handcuff and publicly transport the plaintiff was unjustified because the duty sergeant failed to apply his mind to the relevant circumstances and relied on routine procedure, making the handcuffing an unlawful assault and battery for which damages are recoverable; exemplary damages were not awarded.