Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Retrospective application of new legal standards
  • 5 Jul 2013

    林建忠 對 警務處長

    Citation
    林建忠 對 警務處長
    Court
    Court of First Instance
    Case number
    HCA329/2012

    The claim was struck out because it disclosed no reasonable cause of action: the plaintiff could not base a negligence claim on rights and standards (as articulated in Lam Siu Po and human rights/Basic Law materials) that post‑dated the 1989–1990 disciplinary hearings, and the claim was also prejudicial and time‑barred in the circumstances, justifying dismissal on a strike‑out application.

    • Disciplinary proceedings
    • Right to legal representation
    • Retrospective application of new legal standards
    • Limitation period
    • Strike-out for no reasonable cause of action