Hong Kong Case Law: Decisions & Judgments

Topic

Delay and fair trial

Legal area

Court

7 Sept 2011

HKSAR v. MAR PAK CHONG

Citation

HKSAR v. MAR PAK CHONG
Court

Court of Appeal
Case number

CACC426/2010

The Court dismissed the applications for leave to appeal: the prosecution evidence was overwhelming so the convictions were safe, the 14‑month delay was justified by attempts to secure legal representation, legal aid processing and psychiatric fitness inquiries, and the one‑year hospital order under s45 Mental Health Ordinance was appropriate given expert evidence of delusional disorder and high propensity to violence.
4 Jan 2006

CHONG WAI LEE CHARLES AND ANOTHER v. THE INSIDER DEALING TRIBUNAL AND ANOTHER

Citation

CHONG WAI LEE CHARLES AND ANOTHER v. THE INSIDER DEALING TRIBUNAL AND ANOTHER
Court

Court of First Instance
Case number

HCAL116/2005

The IDTs as constituted under SIDO and in these particular cases were sufficiently independent and impartial; the first public sitting under SIDO Schedule 17 only identifies the scope and potentially implicated persons and does not decide guilt so no right to make substantive submissions at that stage was breached; no appearance of bias arose from membership or counsel (including Eric Ng after his resignation and replacement); the CE validly delegated power to FS to appoint temporary members under IGCO s.63; the delay in the Vanda case was not inordinate nor prejudicial to a fair hearing; con…
4 Jan 2006

LAU LUEN HUNG THOMAS v. THE INSIDER DEALING TRIBUNAL AND ANOTHER

Citation

LAU LUEN HUNG THOMAS v. THE INSIDER DEALING TRIBUNAL AND ANOTHER
Court

Court of First Instance
Case number

HCAL122/2005

The court held applicants failed to prove a real possibility of bias or lack of independence in the particular tribunals, that the first public hearing under SIDO Schedule 17 merely sets the scope and identifies potentially implicated persons rather than finally determining guilt, that delay was not inordinate or prejudicial to a fair hearing in the Vanda case, and that the CE validly delegated power to appoint temporary members to the FS; accordingly judicial review was dismissed and no stay granted.

Hong Kong Case Law

HKSAR v. MAR PAK CHONG

CHONG WAI LEE CHARLES AND ANOTHER v. THE INSIDER DEALING TRIBUNAL AND ANOTHER

LAU LUEN HUNG THOMAS v. THE INSIDER DEALING TRIBUNAL AND ANOTHER