Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Jurisdiction after lapse of leave

  • 6 May 2016

    SECRETARY FOR JUSTICE v. LEUNG HON LAM

    Citation
    SECRETARY FOR JUSTICE v. LEUNG HON LAM
    Court
    Court of First Instance
    Case number
    HCMP2932/2015

    The court held there is no implied 6‑month time bar applicable to committal proceedings; Section 23 and criminal contempt serve different purposes and statutory time limits for magistrates' summary offences do not automatically apply to committal; prosecutorial choice to proceed by committal was within the Department of Justice's discretion and not an abuse on the facts; the court has jurisdiction to grant fresh leave after lapse of earlier leave; no legitimate expectation or abuse of process established; consequently the summonses to set aside the second leave were dismissed with costs.

  • 8 Mar 2016

    SECRETARY FOR JUSTICE v. MA PO KWAN

    Citation
    SECRETARY FOR JUSTICE v. MA PO KWAN
    Court
    Court of First Instance
    Case number
    HCMP779/2015

    Lapse of leave under Order 52 r3(2) renders that grant of leave unusable but does not strip the court of jurisdiction to entertain a fresh application for leave in the same proceedings; the July Orders of 30 July 2015 were fresh leave applications properly constituted; non-payment of any prescribed fee (if required) would amount to an irregularity, not a nullity, and is curable; no material non-disclosure or breach of the duty of candour occurred to justify setting aside the July Orders, so respondents' summonses were dismissed and leave to the Secretary for Justice was upheld.