Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Warrant validity

Legal area

Court

11 Feb 2011

SECRETARY FOR JUSTICE v. CHOY BING WING

Citation

SECRETARY FOR JUSTICE v. CHOY BING WING
Court

Court of First Instance
Case number

HCMP1313/2010

The warrant was intra vires despite additional addressees because deviations did not affect its essential function; the psychological report showed no disorder; the contempts were calculated, serious and widely published; the defendant's apology was conditional and unconvincing; accordingly a custodial sentence of four months was appropriate and costs were ordered on an indemnity basis.
20 Jan 1993

FUNG CHUEN KAN v. THE GOVERNMENT OF UNITED STATES

Citation

FUNG CHUEN KAN v. THE GOVERNMENT OF UNITED STATES
Court

Court of Appeal
Case number

CACV147/1992

A joint warrant is not fatal though separate warrants are preferable; the magistrate must determine committal based on the offences set out in the Governor's Order to Proceed and the evidence furnished, not on the particulars of the foreign indictment; the Divisional Court must apply a Wednesbury standard on habeas corpus and cannot retry the facts; foreign law evidence is inadmissible except in narrow exceptions; on the proper standard the evidence was sufficient to commit the appellants for trial on crime 3.