Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Rule against double jeopardy
  • 19 Feb 2025

    香港特別行政區 訴 吳耀宗

    Citation
    [2025] HKDC 223
    Court
    District Court
    Case number
    DCCC1129/2022

    The court held the District Court dangerous‑driving prosecutions arose from the same or substantially the same set of primary facts as the 2019 summons (same incident, same evidential matrix); the prosecution failed to demonstrate any special or exceptional circumstances to justify a further trial; BOR s11(6) is engaged given prior final conviction on the related matter and where engaged the prohibition is non‑discretionary; accordingly the second prosecution constituted an abuse of process and the proceedings were permanently stayed (alternatively, a common‑law discretionary stay was warrant…