Hong Kong Case Law: Decisions & Judgments

Topic

Judicial supervisory jurisdiction

Legal area

Court

13 Feb 2003

TSE WAI CHUN PAUL v. SOLICITORS DISCIPLINARY TRIBUNAL AND ANOTHER

Citation

TSE WAI CHUN PAUL v. SOLICITORS DISCIPLINARY TRIBUNAL AND ANOTHER
Court

Court of Final Appeal
Case number

FAMV46/2002

The Tribunal's statutory requirement to sit in camera in s.9B(4) of the Legal Practitioners Ordinance did not amount to a breach of article 10 of the Bill of Rights because the Tribunal is not a classic court and appellate oversight by the Court of Appeal, which has full jurisdiction and complies with article 10, provides the necessary protection; therefore there was no reasonable prospect of success and leave to appeal was dismissed.
18 Jun 1997

CHIENG A LAC AND OTHERS v. THE DIRECTOR OF IMMIGRATION, THE SUPERINTENDENT OF WHITEHEAD DETENTION CENTRE

Citation

CHIENG A LAC AND OTHERS v. THE DIRECTOR OF IMMIGRATION, THE SUPERINTENDENT OF WHITEHEAD DETENTION CENTRE
Court

Court of Appeal
Case number

CACV51/1997

The Court of Appeal held the High Court erred by undertaking microscopic, roving inquiries and granting broad discovery outside the scope of the applicants' pleaded case; on the evidence and the judge's own findings the Director had, generally-speaking, taken all reasonable steps under Hardial Singh and s13D(1A)/(1AA), so detention remained lawful for the many detainees; s11 excludes Bill of Rights protection for the immigration detention issue; the judge's orders for release in four test cases and broad discovery/rolling affidavits were set aside or discharged accordingly.

Hong Kong Case Law

TSE WAI CHUN PAUL v. SOLICITORS DISCIPLINARY TRIBUNAL AND ANOTHER

CHIENG A LAC AND OTHERS v. THE DIRECTOR OF IMMIGRATION, THE SUPERINTENDENT OF WHITEHEAD DETENTION CENTRE