Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Interaction between summary offences and contempt

Legal area

Court

7 Oct 2016

SECRETARY FOR JUSTICE v. MA PO KWAN

Citation

SECRETARY FOR JUSTICE v. MA PO KWAN
Court

Court of Appeal
Case number

CACV70/2016

The Court refused leave to appeal: fresh leave applications and fresh originating summonses were competent even after lapse of prior leave; the lapse did not preclude obtaining fresh leave under the rules; the six-month time limit for summary offences under s26 Magistrates Ordinance does not apply by analogy to committal for criminal contempt; non-disclosure complaint failed because the lapse was self-evident in context; no legitimate expectation barred committal proceedings; therefore there was no reasonable prospect of success on the grounds advanced.
7 Oct 2016

SECRETARY FOR JUSTICE v. CHU PUI YAN

Citation

SECRETARY FOR JUSTICE v. CHU PUI YAN
Court

Court of Appeal
Case number

CACV85/2016

Fresh leave applications were properly treated as new leave despite reuse of case numbers; there was no material non-disclosure in ex parte fresh leave applications; the 6-month limitation in s26 Magistrates Ordinance and associated statutory sentencing limits do not analogously apply to committal for criminal contempt; no legitimate expectation arose from s23 arrests that would prevent committal; accordingly leave to appeal was refused and appeals dismissed as having no reasonable prospect of success.