21 Jul 2010
WONG TAK WAI v. COMMISSIONER OF CORRECTIONAL SERVICES
- Citation
- WONG TAK WAI v. COMMISSIONER OF CORRECTIONAL SERVICES
- Court
- Court of Appeal
- Case number
- CACV231/2009
The Court found apparent bias at first instance (Superintendents adjudicating in their own institutions) established on systemic grounds but held the overall process combined with the Commissionerʹs appellate power (full merits rehearing) and availability of judicial review cured that unfairness; however, where forfeiture of remission imposes an appreciable punitive effect/deprivation of liberty the applicable standard of proof is beyond reasonable doubt, so decisions in Cases 2,3,4 and 5 were quashed while the quashing of Case 1 was set aside.