28 Sept 2006
RE C
- Citation
- RE C
- Court
- Court of Appeal
- Case number
- CACV406/2004
Section 138 does not contravene Basic Law article 63. The power to order prosecution is ancillary to the Court of First Instance's supervisory bankruptcy jurisdiction and does not control or bind the Secretary for Justice's prosecutorial prerogatives; section 138 must be read as subject to the Secretary's statutory powers to institute, refuse, discontinue or take over prosecutions, and therefore the appeals are allowed.