Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Standing and identity of applicant
  • 9 Sept 2004

    RE W

    Citation
    RE W
    Court
    Court of First Instance
    Case number
    HCAL89/2004

    The writ was discharged because the respondent produced clear and cogent evidence—principally W's own affirmed statement supported by ICAC affidavits—that W had voluntarily entered a witness protection programme and was not being unlawfully detained; further, the applicant's supporting affirmations were deficient and tainted by non‑disclosure of material associations, undermining any prima facie case and indicating potential abuse of process, and the statutory protections and purpose of the Witness Protection Ordinance justified in camera handling and refusal to compel the protected participa…