Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Witness retention

  • 27 Oct 1993

    ATTORNEY GENERAL V TRIRU VAN THUC AND ANOTHER

    Citation
    ATTORNEY GENERAL V TRIRU VAN THUC AND ANOTHER
    Court
    Court of First Instance
    Case number
    HCMP3386/1993

    Balancing the strong public interest in ensuring a major criminal trial proceeds with availability of relevant evidence against the respondents' liberty interests, the judge found there was a realistic prospect that the respondents would give evidence within a reasonable period (assumed by judge to be by end of December) and that a limited 21‑day detention order from 8 October 1993 was a lawful and proportionate exercise of discretion under s32(4)(b).

  • 7 Oct 1993

    ATTORNEY GENERAL v. DAO THI SEC

    Citation
    ATTORNEY GENERAL v. DAO THI SEC
    Court
    Court of First Instance
    Case number
    HCMP3314/1993

    The judge exercised his discretion to grant detention orders under s.32(4)(b) for the 20 named respondents for a period not exceeding 21 days from 8 October 1993 because the public interest in ensuring availability of material Crown witnesses for a major criminal trial outweighed the respondents' interest in immediate repatriation, and there was a realistic prospect of their giving evidence within a reasonable period.