Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Jurisdiction to transfer

Legal area

Court

4 Dec 2007

HKSAR v. LUNG PO CHAK AND ANOTHER

Citation

HKSAR v. LUNG PO CHAK AND ANOTHER
Court

Court of Appeal
Case number

CACC418/2007

Because the immigration offence under s38(1)(a) Immigration Ordinance is triable summarily only (no 'on indictment' wording under s14A), the magistrate had no jurisdiction to transfer the case to the District Court; the District Court proceedings were therefore a nullity, leave out of time was granted, the appeals were allowed and the convictions quashed with the matter remitted to the Magistrates' Court for rehearing.
28 Mar 1994

JONES LANG WOOTTON LIMITED v. THE SUN PLASTIC SUPPLIES LIMITED

Citation

JONES LANG WOOTTON LIMITED v. THE SUN PLASTIC SUPPLIES LIMITED
Court

Court of First Instance
Case number

HCA10878/1993

Order 72 rule 5 grants the Court power to transfer an action to the Construction and Arbitration List on application of a party even without the other party's consent, and that rule prevails over the inconsistent Practice Direction; therefore the transfer was correctly ordered and indemnity costs were warranted for abusive opposition.