Hong Kong Case Law: Decisions & Judgments

Topic

Limitation period for prosecution

Legal area

Court

15 Aug 2014

CHAN KWAN v. EVERBEST WATER TREATMENT DEVELOPMENT COMPANY LTD

Citation

CHAN KWAN v. EVERBEST WATER TREATMENT DEVELOPMENT COMPANY LTD
Court

Court of First Instance
Case number

HCMP692/2014

Application dismissed: for the first five years the matters were outside the three-year prosecution limitation and posed no risk of prosecution; for 2012 the court found the default was not inadvertent but stemmed from indifference to statutory compliance by directors, so extension of time was refused.
25 Jun 1984

THE QUEEN v. CHEUNG CHAK-SING

Citation

THE QUEEN v. CHEUNG CHAK-SING
Court

Court of Appeal
Case number

CACC302/1984

A Hong Kong Government Driving Permit issued under Government General Regulations is subordinate to driving licences issued under the Road Traffic Ordinance and Regulations and is rendered invalid during a statutory disqualification; although the charge was duplicitious by alleging "on divers dates," the record and evidence established driving on specific dates within the prosecutable period (6–10 October 1983), so no miscarriage of justice arose and the magistrate's conviction and sentence were correctly affirmed.
12 Apr 1979

RE LEE MA LEUNG

Citation

RE LEE MA LEUNG
Court

Court of First Instance
Case number

HCMP166/1979

The Full Bench held that the decision in Lo Pui-ling was misapplied; section 38(1)(b) is to be understood as creating a continuing offence while the immigrant remains within the limitation period and the facts did not show the applicant was convicted of a non-existent offence; therefore the application for certiorari was refused.

Hong Kong Case Law

CHAN KWAN v. EVERBEST WATER TREATMENT DEVELOPMENT COMPANY LTD

THE QUEEN v. CHEUNG CHAK-SING

RE LEE MA LEUNG