Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

S109a criminal procedure ordinance applicability
  • 17 Jan 2018

    SECRETARY FOR JUSTICE v. CHAU WAN YING

    Citation
    [2018] HKCFI 77
    Court
    Court of First Instance
    Case number
    HCMP774/2015

    Because these contempt proceedings arise from civil injunctions and the Court of First Instance is not exercising criminal jurisdiction, s109A Criminal Procedure Ordinance does not apply; sentencing was therefore governed by the court's civil-contempt sentencing approach, applying proportionality to individual culpability resulting in a mix of immediate imprisonment for principal obstructors and suspended imprisonment with fines for lesser participants; costs awarded to applicant on an indemnity basis with certificate for three counsel.