12 May 2015
BRIAN ALFRED HALL v. COMMISSIONER OF CORRECTIONAL SERVICES
- Citation
- BRIAN ALFRED HALL v. COMMISSIONER OF CORRECTIONAL SERVICES
- Court
- Court of First Instance
- Case number
- HCAL161/2012
The court held the disciplinary proceedings amounted to a determination of a criminal charge under Article 10 HKBOR because the potential and imposed forfeiture of remission (41 days, effectively 35 days after one set was set aside) constituted deprivation of liberty; failure to inform the Applicant of the right to legal assistance breached Article 11 HKBOR; accordingly the disciplinary decisions were quashed by certiorari and a retrial was refused on grounds of delay, prejudice and absence of sufficient evidence to ensure a fair rehearing.