31 Aug 2009
WONG TAK WAI v. COMMISSIONER OF CORRECTIONAL SERVICES
- Citation
- WONG TAK WAI v. COMMISSIONER OF CORRECTIONAL SERVICES
- Court
- Court of First Instance
- Case number
- HCAL64/2008
Proceedings for prison disciplinary offences that impose forfeiture of remission amount to determination of a criminal charge engaging Article 10 HKBOR; a Superintendent who administers the prison and/or supervises the reporting officer lacks sufficient independence and impartiality and an outside Superintendent should hear such cases; where forfeiture of remission is at stake the criminal standard of proof beyond reasonable doubt applies; accordingly the disciplinary convictions and punishments in the five cases were quashed.