6 May 2016
SECRETARY FOR JUSTICE v. LAW WAI YAN
- Citation
- SECRETARY FOR JUSTICE v. LAW WAI YAN
- Court
- Court of First Instance
- Case number
- HCMP2920/2015
No implied six‑month statutory time bar applies to applications for leave to apply for committal; Section 23 and criminal contempt are distinct and statutory time limits/penalties for Section 23 do not automatically constrain committal proceedings; the Secretary's prosecutorial choice to pursue contempt was a legitimate exercise of discretion under Basic Law Article 63 and not an abuse of process; the court has jurisdiction to grant fresh leave after earlier leave lapsed; respondents failed to establish frustration of legitimate expectation or that fresh proceedings were an abuse.