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Hong Kong Case Law

Scope of judicial review in criminal trials
  • 14 Jun 2018

    秦錦釗 對 香港特別行政區

    Citation
    [2018] HKCA 336
    Court
    Court of Appeal
    Case number
    CACV179/2017

    The application for leave to appeal was refused because the Kebilene principle precludes using judicial review to intervene in the criminal trial process on evidentiary and stay issues, the applicant's arguments were not reasonably arguable as matters of general or great importance under s22(1)(b) of the CFAO, and alternative remedies or the ordinary criminal appellate process were available; therefore leave to appeal was denied and costs awarded.

    • Leave to appeal
    • Permanent stay of criminal proceedings
    • Cross-examination of witnesses
    • Kebilene principle
    • Exhaustion of alternative remedies
    • Scope of judicial review in criminal trials