Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Police bail

  • 8 Aug 2022

    廣州市鄰港貿易有限公司 AND OTHERS v. SECRETARY FOR JUSTICE

    Citation
    [2022] HKCFI 2438
    Court
    Court of First Instance
    Case number
    HCPI884/2012

    On the facts the arresting officers had a genuine subjective suspicion supported by objectively reasonable grounds arising from the informant's report and the conduct at the depot; therefore arrests and short detentions were lawful and no false imprisonment was proved. Plaintiffs failed to prove possession or legal lien over the containers. There was insufficient evidence of the requisite subjective bad faith or reckless awareness of probable injury on the part of police to establish misfeasance in public office based on prolonged bail or handcuff use; handcuffing was a reasonable preventive…

  • 13 Jul 2015

    TSANG KIN CHIU v. COMMISSIONER OF POLICE

    Citation
    TSANG KIN CHIU v. COMMISSIONER OF POLICE
    Court
    Court of First Instance
    Case number
    HCAL141/2014

    Leave refused on Grounds 1 and 2 because the applicant has an effective and more appropriate alternative remedy by way of a private law writ action for damages involving extensive factual inquiries unsuitable for judicial review; Ground 3 is academic and not justiciable; leave granted on Ground 4 because it is reasonably arguable that there is a legal basis to order disclosure of the identities of the Relevant Officers and the matter requires full substantive hearing where jurisdiction and discretionary considerations can be properly determined.