Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Discretionary judicial power
  • 10 Feb 2023

    SECRETARY FOR JUSTICE v. AU YUK TING MELISSA

    Citation
    [2023] HKCA 177
    Court
    Court of Appeal
    Case number
    CACC14/2023

    The judge exercised the discretion under s.84(b) and refused to issue arrest warrants/alter bail because the case stated grounds were broadly formulated and effectively challenged factual credibility (not legal errors), the respondents’ defences had been accepted at trial and there was no clear and obvious legal error (perversity) to justify intervention, the offences were relatively low in gravity and respondents had complied with bail for a prolonged period, and issuing warrants or further restrictions would be unnecessary and disproportionate to preserve the status quo.