Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Wrongful dismissal/damages

Legal area

Court

25 Aug 2015

LAI YING ON v. SECRETARY FOR JUSTICE (for and on behalf of the Commissioner of Police)

Citation

LAI YING ON v. SECRETARY FOR JUSTICE (for and on behalf of the Commissioner of Police)
Court

Court of Final Appeal
Case number

FAMV60/2014

Applications for leave to appeal were dismissed: the Henderson v Henderson abuse‑of‑process principle applies to subsequent private law damages actions where the same issue could and should have been raised in prior judicial review proceedings; an intervening change in the law is a factor in the merits‑based balancing but does not automatically displace the finality/abuse analysis, and the Court of Appeal rightly concluded there was an abuse in these cases.
26 May 2014

NG SAI HING v. SECRETARY FOR JUSTICE for and on behalf of THE COMMISSIONER OF POLICE

Citation

NG SAI HING v. SECRETARY FOR JUSTICE for and on behalf of THE COMMISSIONER OF POLICE
Court

Court of Appeal
Case number

CACV229/2012

The Court of Appeal held the writ actions were an abuse of process under the Henderson v Henderson principle because the plaintiffs could and should have advanced the constitutional challenge to regulation 9(11) & (12) of the Police (Disciplinary) Regulations in their earlier judicial review proceedings; the public interests in finality and administrative certainty outweigh the plaintiffs' private interest in pursuing damages, so striking out the actions was justified; appeals dismissed.