Hong Kong Case Law: Decisions & Judgments

Topic

Right to public hearing

Legal area

Court

11 Apr 2022

香港特別行政區訴何狄恆及另七人

Citation

[2022] HKDC 292
Court

District Court
Case number

DCCC114/2021

The court refused the first consolidation (DCCC115/2021, DCCC112/2021, DCCC114/2021) because there were insufficient grounds to alter the earlier practical split and scheduled resources could not accommodate the proposed joint trial in the suggested period; the court granted the second consolidation (DCCC113/2021 and DCCC116/2021) because the cases raised similar issues largely centering on prosecution video evidence, suitable courtroom capacity was likely to be available by the proposed schedule, the additional burden on defendants and counsel was limited (estimated 40 days, modest increase)…
12 Nov 2015

HKSAR v. CHEUNG KIN CHUNG

Citation

HKSAR v. CHEUNG KIN CHUNG
Court

Court of First Instance
Case number

HCMA479/2015

The magistrate did not err in refusing to issue private summonses because the appellant failed to produce sufficient evidence of a positive act of concealment or otherwise a prima facie case for perverting the course of public justice or for common assault; self-serving statements and audio clips without corroboration were insufficient and no breach of procedural or human rights was shown.
12 Nov 2015

HKSAR v. CHEUNG KIN CHUNG

Citation

HKSAR v. CHEUNG KIN CHUNG
Court

Court of First Instance
Case number

HCMA478/2015

The magistrate was entitled to refuse to issue private summonses because the material before him did not establish a legal duty or positive act of concealment of evidence, the audio recordings and written submissions were self‑serving and insufficiently corroborative, and there was no breach of the appellant's procedural or human rights that would vitiate the decision; accordingly the appeals are dismissed.
29 Jul 2008

PHILIPPE FREDERIC DELHAISE v. THE LAW SOCIETY OF HONG KONG AND ANOTHER

Citation

PHILIPPE FREDERIC DELHAISE v. THE LAW SOCIETY OF HONG KONG AND ANOTHER
Court

Court of First Instance
Case number

HCAL143/2007

Article 10 was not engaged because the Tribunal proceedings were to determine the solicitors' rights and obligations, not the applicant's; the applicant's role as complainant or his erroneous permission to prosecute did not transform the proceedings into a determination of his own rights, and therefore no public hearing right under article 10 arose. Consequently the judicial review claim failed and there was no basis to order costs or reimbursement against the Law Society or the Tribunal.

Hong Kong Case Law

香港特別行政區 訴 何狄恆及另七人

HKSAR v. CHEUNG KIN CHUNG

HKSAR v. CHEUNG KIN CHUNG

PHILIPPE FREDERIC DELHAISE v. THE LAW SOCIETY OF HONG KONG AND ANOTHER

香港特別行政區訴何狄恆及另七人