Hong Kong Case Law: Decisions & Judgments

Topic

Particularity of warrants

Legal area

Court

10 Jun 2021

LAI YIU YAN IAN v. COMMISSIONER OF POLICE

Citation

[2021] HKCFI 1677
Court

Court of First Instance
Case number

HCMP1240/2020

The court dismissed the proposed amendments to introduce public law challenges to the validity of the search warrants and the 1217 interlocutory injunction application. Core reasons: challenges to the lawfulness of warrants belong to judicial review and cannot be mounted in ordinary civil originating summonses (jurisdiction and exclusivity principle); the proposed amendments were abusive and out of time; the alleged unlawfulness grounds were either technical or without merit; orders for return of materials on irrelevance or injunctions would improperly prejudice ongoing criminal investigation…
10 Jun 2021

WONG WAI KEUNG v. COMMISSIONER OF POLICE

Citation

[2021] HKCFI 1677
Court

Court of First Instance
Case number

HCMP1222/2020

The court held that the proposed amendments introducing public law challenges to the validity of search warrants were impermissible in these originating summons proceedings because such challenges fall within the exclusive domain of judicial review and, alternatively, amount to an abuse of process under the Exclusivity Principle; therefore the amendment summonses were dismissed except insofar as claims for trespass/conversion/detinue (which the Commissioner did not oppose) and the interlocutory injunction application in HCMP1217 was dismissed; costs were ordered against the plaintiffs.
10 Jun 2021

NG TAT KONG KITH v. COMMISSIONER OF POLICE

Citation

[2021] HKCFI 1677
Court

Court of First Instance
Case number

HCMP1221/2020

The court refused leave to amend to introduce challenges to the lawfulness of the search warrants and refused the interlocutory injunction because validity challenges to warrants fall within the exclusive remit of judicial review and the proposed amendments would be an abuse of process under the Exclusivity Principle; the proposed return and injunction reliefs were premature and would improperly interfere with ongoing criminal investigations, and CPO s16 precludes injunctions against the Crown in private law proceedings.
10 Jun 2021

LAI CHEE YING v. COMMISSIONER OF POLICE

Citation

[2021] HKCFI 1677
Court

Court of First Instance
Case number

HCMP1218/2020

The court dismissed the proposed amendments and the interlocutory injunction summons because challenges to the lawfulness of search warrants must be pursued by judicial review (Order 53) and attempts to introduce such public law claims in ordinary originating summonses constituted an abuse of process under the exclusivity principle; the proposed irrelevance-based return claims were premature and inappropriate while criminal investigations remain ongoing; injunctions were unnecessary, unworkable in light of the Protocol and, as against the Commissioner in his official capacity, barred by Crown…
8 Aug 1989

RE IP AND WILLIS

Citation

RE IP AND WILLIS
Court

Court of First Instance
Case number

HCMP1472/1989

The warrant issued 23 June 1989 was quashed because it was too wide and general, lacking the necessary particularity for a magistrate's authorization to search a solicitor's office; however the specific information sought (client names and receipts) was not protected by legal professional privilege, so the applicants' refusal to disclose that factual material was not justified.

Hong Kong Case Law

LAI YIU YAN IAN v. COMMISSIONER OF POLICE

WONG WAI KEUNG v. COMMISSIONER OF POLICE

NG TAT KONG KITH v. COMMISSIONER OF POLICE

LAI CHEE YING v. COMMISSIONER OF POLICE

RE IP AND WILLIS