Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Scandalizing the court

Legal area

Court

23 Dec 2005

CHOY BING WING v. CHIEF EXECUTIVE OF HKSAR, CHINA AND OTHERS

Citation

CHOY BING WING v. CHIEF EXECUTIVE OF HKSAR, CHINA AND OTHERS
Court

Court of First Instance
Case number

HCA2351/2005

The writ was struck out as an abuse of process because it amounted to a collateral attack on prior binding judicial decisions and the plaintiff produced no cogent evidence to support serious allegations of conspiracy or judicial fraud; accordingly the court exercised its inherent jurisdiction to dismiss the action, made the Restricted Proceedings Order permanent (extended to proceedings against judicial officers in respect of judicial duties) and ordered the plaintiff to pay the defendants' costs.
26 Mar 1999

WONG YEUNG NG v. THE SECRETARY FOR JUSTICE

Citation

WONG YEUNG NG v. THE SECRETARY FOR JUSTICE
Court

Court of Appeal
Case number

CACV161/1998

The Court of Appeal certified the first question as a point of great and general importance — namely whether the offence of scandalizing the court is compatible with articles protecting freedom of expression such that it requires proof of a clear, present and imminent danger to the administration of justice — and declined to certify the second question about whether the specific pursuit of the judge constituted contempt in the absence of proof of actual interference, because the Court found contempt established by real risk of undermining public confidence.