31 May 2007
P v. THE COMMISSIONER OF THE INDEPENDENT COMMISSION AGAINST CORRUPTION
- Citation
- P v. THE COMMISSIONER OF THE INDEPENDENT COMMISSION AGAINST CORRUPTION
- Court
- Court of Final Appeal
- Case number
- FACC11/2006
The ex parte order was invalid because it was in general terms and did not define the scope of authorization (the draft notice should have been annexed or the order must specify the scope); s.14(1)(d) extends to documents outside Hong Kong, but extraterritoriality is a relevant factor in the court's discretion; the court's discretion to refuse is limited to cases where compliance would be oppressive; the CFI has jurisdiction under the Rules to set aside or vary its ex parte orders and a subject may challenge lack of access to documents but may not litigate the first two statutory criteria at…