10 Mar 2008
RV v. DIRECTOR OF IMMIGRATION AND ANOTHER
- Citation
- RV v. DIRECTOR OF IMMIGRATION AND ANOTHER
- Court
- Court of First Instance
- Case number
- HCAL2/2008
The Secretary for Justice's control of criminal prosecutions is amenable to judicial review only to a very limited extent consistent with the Basic Law; review is confined to exceptional circumstances such as political interference, bad faith, rigid fettering or acting beyond constitutional or statutory powers. On the facts the applicant failed to show such exceptional circumstances; the prosecution was consistent with published policy and not constitutionally impermissible, and the alleged abuse of process was premature for determination by this court.