Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Judicial gatekeeping
  • 21 Apr 2021

    “K” v. COMMISSIONER OF POLICE

    Citation
    [2021] HKCA 523
    Court
    Court of Appeal
    Case number
    CACV33/2020

    There is no free-standing common law right for a data subject to obtain copies of search warrants on demand; the non-production of the warrants did not impair the essence of the applicant's right of access to courts under BL 35 because legal avenues (application to set aside the warrants, judicial review, discovery in proceedings) were available; and the proposed BOR 14 privacy challenge was a new, fact- and evidence-sensitive point not properly raised below and thus could not be entertained on appeal. Appeal dismissed.