Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Distinction between civil and criminal contempt
  • 1 Sept 2015

    SECRETARY FOR JUSTICE v. CHU SUI YING

    Citation
    SECRETARY FOR JUSTICE v. CHU SUI YING
    Court
    Court of First Instance
    Case number
    HCMP498/2015

    The court is bound by the Court of Appeal in Effiscient v Lehman that for Order 52 r 3(2) 'entered for hearing' means issuing a notice of appointment to hear the originating summons; because these matters are criminal contempts and the Rules generally do not apply (Order 1 r 2(3)), the court has no inherent jurisdiction to extend time for compliance with the clear statutory requirement in Order 52 r 3(2); the Secretary for Justice's leave to apply for committal therefore lapsed for each of the 17 matters and the Time Summons is dismissed.