25 Aug 2015
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 Final Appeal
- Case number
- FAMV61/2014
The Court dismissed the applications for leave to appeal because, applying the Henderson v Henderson abuse of process principle in a broad merits‑based balancing exercise, the Applicants could and should have raised the constitutional challenge to the Police (Discipline) Regulations in their earlier judicial review proceedings; a subsequent change in the law (Lam Siu Po) is a factor but does not automatically displace the abuse principle; accordingly the private law claims were an abuse and leave to appeal was refused.