10 Aug 2005
CHOY BING WING v. THE CHIEF JUSTICE, JUDICIARY OF HKSAR, CHINA AND OTHERS
- Citation
- CHOY BING WING v. THE CHIEF JUSTICE, JUDICIARY OF HKSAR, CHINA AND OTHERS
- Court
- Court of First Instance
- Case number
- HCA125/2005
The claim was struck out because the magistrate acted within statutory powers to issue a bench warrant under s99, the action against the magistrate is barred or requires an express allegation of malice under s125 which was absent, Article 85 provides judicial immunity, s60 protects the arresting officer acting under a produced warrant, and the Commissioner is not vicariously liable and the Crown Proceedings framework was not followed; cumulatively the claim disclosed no reasonable cause of action and was an abuse of process.