Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Double jeopardy/autrefois acquit

Legal area

Court

4 Feb 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 Appeal
Case number

CACV72/2008

Section 15 is not engaged because the disciplinary charge (improper claiming/receipt under CSR 852(5)) does not raise substantially the same issues as the criminal charges (which required proof of use of a document with intent to deceive); therefore disciplinary proceedings were not barred and the appeal is dismissed.
30 Apr 1993

R. v. KO YIM FAN

Citation

R. v. KO YIM FAN
Court

Court of Appeal
Case number

CACC244/1992

Perjury prosecution was not barred by autrefois acquit because the conspiracy charge and the perjury charge differed in substance and form; sworn answers given voluntarily in the conspiracy trial were admissible and the trial judge was entitled to place weight on them; no s.10 warning was required in the circumstances; there was no abuse of process or oppression warranting a stay; conviction and six‑month sentence were neither unsafe nor excessive.