Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Private prosecutions

Legal area

Court

7 Feb 2013

RE NG CHI KEUNG

Citation

RE NG CHI KEUNG
Court

Court of First Instance
Case number

HCAL27/2013

Leave to apply for judicial review refused because the applicant's case was unarguable: the Director/Secretary lawfully exercised prosecutorial discretion by taking over and withdrawing the unserved summonses after a full investigation and further representations, applying the Department's Policy and the "reasonable prospect of conviction" test; delegation to the Director was within authorised powers and did not give rise to demonstrable bias; withdrawal of summonses (not a nolle prosequi) was lawful; judicial interference is inappropriate absent exceptional circumstances.
28 Sept 2006

RE C

Citation

RE C
Court

Court of Appeal
Case number

CACV405/2004

Section 138 does not contravene Article 63 because the power to order prosecution is ancillary to the court's bankruptcy supervisory jurisdiction, does not itself bind or control the Secretary for Justice's prosecutorial prerogatives, and can and should be construed as subject to the Secretary's statutory powers to authorize, withdraw, or discontinue prosecutions; accordingly the Court of Appeal allowed the appeals and held the section 138 power valid.