Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Classification civil v criminal
  • 1 Aug 2016

    SECRETARY FOR JUSTICE v. WONG LAI WAN

    Citation
    SECRETARY FOR JUSTICE v. WONG LAI WAN
    Court
    Court of Appeal
    Case number
    CACV74/2016

    Appeals arising from the committal applications before the Court of First Instance brought under Order 52 are properly characterized as civil appeals; section 50 applies to interlocutory orders in committal proceedings but does not negate the leave requirement in section 14AA for interlocutory appeals (except where Rules expressly exempt, e.g. committal orders under Order 59); articles 10 and 11 HKBoR protections apply notwithstanding civil procedural character; court directed rolled-up hearing for leave and substantive appeals on specified dates.

    • Committal
    • Appeal jurisdiction
    • Leave to appeal
    • Classification civil v criminal
    • High court ordinance s50 and s14aa
    • Rules of the high court order 52 and order 59