Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Prosecution authorization

Legal area

Court

8 Jul 2005

RE LAU KIT FUNG

Citation

RE LAU KIT FUNG
Court

Court of First Instance
Case number

HCB10764/2003

Even if Section 134(2) should be interpreted to prevail over Section 138 as the specific provision, Section 134(2) is void for being inconsistent with the separation of powers under Articles 63, 80 and 85 of the Basic Law; consequently the application for an order to prosecute was dismissed.
9 Apr 1989

ATTORNEY GENERAL v. WONG KWAI FUN AND ANOTHER

Citation

ATTORNEY GENERAL v. WONG KWAI FUN AND ANOTHER
Court

Court of Appeal
Case number

CACC516/1988

The application to state a case was made by a person who was not authorized under the Legal Officers Ordinance and the relevant Gazette notification; consequently the proceedings were not validly instituted and the Court of Appeal lacked jurisdiction, so the application was dismissed for want of jurisdiction.