8 Sept 2009
WONG KEI KWONG v. PRINCIPAL ASSISTANT SECRETARY FOR THE CIVIL SERVICE AND ANOTHER
- Citation
- WONG KEI KWONG v. PRINCIPAL ASSISTANT SECRETARY FOR THE CIVIL SERVICE AND ANOTHER
- Court
- Court of Final Appeal
- Case number
- FAMV26/2009
Section 15 does not bar the disciplinary proceedings because the disciplinary charge did not raise substantially the same issues as the criminal charges: the criminal charges required proof of an intention to deceive under the Prevention of Bribery Ordinance while the disciplinary charge under CSR 852(5) required only that the officer improperly received the allowance, a matter that can be established without intent; therefore there was no double jeopardy and the application for leave to appeal was dismissed.