Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Disclosure of police evidence

Legal area

Court

14 Mar 2016

COMMISSIONER OF POLICE v. APPLE DAILY LTD

Citation

COMMISSIONER OF POLICE v. APPLE DAILY LTD
Court

Court of First Instance
Case number

HCMP115/2016

Where the police, after being alerted more than once to a jurisdictional defect (wrong party/wrong premises) and to inadequate particulars of police video evidence, persisted without amending the originating summons or providing adequate particulars, the court exercised its discretion to award indemnity costs to the affected respondent (i-CABLE); by contrast costs followed the event for other respondents with party and party taxation and certificates as specified.
14 May 1987

HO SHAU HONG v. THE COMMISSIONER OF POLICE AND ANOTHER

Citation

HO SHAU HONG v. THE COMMISSIONER OF POLICE AND ANOTHER
Court

Court of Appeal
Case number

CACV148/1986

The Court of Appeal held the Commissioner's decisions to authorise police officers to give evidence and to provide copies of witness statements were susceptible to judicial review but were intra vires; police powers and duties (statutory and common law) encompass actions incidental to their functions, and when giving evidence before a private disciplinary body officers may do so as private citizens; accordingly the injunction and declaration granted below were discharged.