Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Restraint order discharge

Legal area

Court

16 Sept 2022

THE SECRETARY FOR JUSTICE v. TAM KIT-I

Citation

[2022] HKCFA 19
Court

Court of Final Appeal
Case number

FAMC13/2022

The Appeal Committee granted leave to appeal because the questions concerning the construction of OSCO provisions and the civil/criminal classification of appeals were of the requisite importance; it directed that the stay of execution be continued and listed the appeal for hearing on 28 February 2023.
6 Nov 2019

RE KIM DOTCOM AND OTHERS

Citation

[2019] HKCA 885
Court

Court of Appeal
Case number

CAMP123/2019

Leave to appeal was refused because the substantive grounds attacking the restraint order were not reasonably arguable: the Annex to the MLA(US)O validly exempts listed external offences (eg money‑laundering, racketeering) from dual criminality and, in any event, the US copyright offences pleaded satisfy Hong Kong dual criminality; although jurisdictional grounds on exclusivity were arguable, they did not render the substantive challenge sufficiently meritorious to justify leave.