Speeches and Articles by the Secretary for Justice

Date
Subject
Download
09 Nov 2015
02 Nov 2015
02 Nov 2015
29 Oct 2015
26 Oct 2015
24 Oct 2015
22 Sep 2015
17 Sep 2015
10 Sep 2015
20 Jul 2015
20 Jul 2015
09 Jul 2015
09 Jul 2015
09 Jul 2015
25 Jun 2015
23 Jun 2015
15 Jun 2015
23 May 2015
22 May 2015
11 May 2015
02 May 2015
27 Mar 2015
20 Mar 2015
19 Mar 2015
03 Mar 2015
15 Feb 2015
04 Feb 2015
12 Jan 2015
12 Jan 2015
12 Jan 2015
04 Jan 2015
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LegCo / Policy Papers

Date
Subject
Download
Dec 2015
21 Dec 2015
02 Dec 2015
20 Jul 2015
20 Jul 2015
22 Jun 2015
22 Jun 2015
22 Apr 2015
26 Mar 2015
Jan 2015
28 Jan 2015
16 Jan 2015
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Press Releases

Date
Subject
Download
30 Dec 2015
18 Dec 2015
16 Dec 2015
11 Dec 2015
09 Dec 2015
09 Dec 2015
02 Dec 2015
19 Nov 2015
18 Nov 2015
09 Nov 2015
03 Nov 2015
30 Oct 2015
27 Oct 2015
26 Oct 2015
24 Oct 2015
19 Oct 2015
16 Oct 2015
15 Oct 2015
15 Oct 2015
14 Oct 2015
14 Oct 2015
13 Oct 2015
05 Oct 2015
05 Oct 2015
01 Oct 2015
25 Sep 2015
18 Sep 2015
18 Sep 2015
17 Sep 2015
17 Sep 2015
17 Sep 2015
15 Sep 2015
14 Sep 2015
11 Sep 2015
11 Sep 2015
09 Sep 2015
08 Sep 2015
01 Sep 2015
28 Aug 2015
21 Aug 2015
20 Aug 2015
19 Aug 2015
18 Aug 2015
14 Aug 2015
11 Aug 2015
31 Jul 2015
31 Jul 2015
21 Jul 2015
20 Jul 2015
20 Jul 2015
09 Jul 2015
09 Jul 2015
09 Jul 2015
08 Jul 2015
03 Jul 2015
02 Jul 2015
25 Jun 2015
24 Jun 2015
23 Jun 2015
23 Jun 2015
23 Jun 2015
23 Jun 2015
22 Jun 2015
15 Jun 2015
10 Jun 2015
03 Jun 2015
03 Jun 2015
23 May 2015
22 May 2015
22 May 2015
20 May 2015
19 May 2015
11 May 2015
06 May 2015
02 May 2015
23 Apr 2015
13 Apr 2015
10 Apr 2015
08 Apr 2015
30 Mar 2015
30 Mar 2015
27 Mar 2015
19 Mar 2015
14 Mar 2015
12 Mar 2015
11 Mar 2015
11 Mar 2015
27 Feb 2015
16 Feb 2015
15 Feb 2015
15 Feb 2015
13 Feb 2015
11 Feb 2015
04 Feb 2015
04 Feb 2015
21 Jan 2015
19 Jan 2015
16 Jan 2015
12 Jan 2015
04 Jan 2015
04 Jan 2015
02 Jan 2015
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Notable Judicial Decisions involving the Government

Criminal cases

No. Case Name Case Number Subject Matter Involved Date of Decision
or Reasons
for Decision
1.
SECRETARY FOR JUSTICE v. LO KING FAT & OTHERS
Conspiracy to defraud
17 Dec 2015
2.
HKSAR v. AGARA ISAIAH BISHOP
Appealing a guilty plea
14 Dec 2015
3.
HKSAR v. YHN
Doli incapax
03 Dec 2015
4.
HKSAR v. LUK KIN PETER JOSEPH & ANOTHER
Using a document to deceive
16 Nov 2015
5.
HKSAR v. LAI SAI MING
Safety at sea
12 Nov 2015
6.
HKSAR v. CHAN CHUN CHUEN
Forgery
30 Oct 2015
7.
HKSAR v. LAW YAT TING
Tampering with a vehicle
26 Oct 2015
8.
HKSAR v. CHAN CHI WAN STEPHEN & ANOTHER
Bribery
26 Oct 2015
9.
HKSAR v. WONG YEUNG TAT
Unlawful assembly
11 Sep 2015
10.
HKSAR v. ZHUO YAYING
Prosecutor’s closing speech
08 Sep 2015
11.
HKSAR v. NGOMA JUMA SHABANI
Forfeiture
02 Sep 2015
12.
HKSAR v. TSUCHIYA KOJI
Disclosure
07 Aug 2015
13.
HKSAR v. NG YEE MAN YVONNE
Perverting the course of public justice
14 Jul 2015
14.
HKSAR v. CHAN KAM SHING
Joint enterprise
30 Jun 2015
15.
HKSAR v. CHENG CHEE-TOCK THEODORE
Jurisdiction
25 Jun 2015
16.
HKSAR v. YEUNG KA SING CARSON
Money Laundering
13 May 2015
17.
HKSAR v. POON MAN SUM
Provocation
04 May 2015
18.
HKSAR v. HO LOY
Road safety
20 Apr 2015
19.
HKSAR v. CHAN PING MAN
Voice identification
17 Apr 2015
20.
HKSAR v. GAMMON CONSTRUCTION LIMITED
Industrial safety
19 Mar 2015
21.
HKSAR v. LIN KEI TAT
Confiscation
10 Mar 2015
22.
HKSAR v. WONG TAK KEUNG
Jurisdiction
16 Feb 2015
23.
HKSAR v. LAU SHING CHUNG SIMON
Hearsay
09 Feb 2015
24.
HKSAR v. KONG WAI LUN
Cross-examination as to credit
04 Feb 2015
25.
SJ v. CHAU TSZ TIM AND ANOTHER
Drug trafficking
15 Jan 2015
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Civil cases

No. Case Name Case Number Subject Matter Involved Date of Decision
or Reasons
for Decision
1.
REGAL SHINING LIMITED v. SECRETARY FOR JUSTICE (ON BEHALF OF THE DIRECTOR OF THE LANDS DEPARTMENT AND THE TOWN PLANNING BOARD)
Land use - unauthorised columbarium development
16 Nov 2015
2.
SUPER WORTH INTERNATIONAL LTD AND OTHERS v. COMMISSIONER OF THE INDEPENDENT COMMISSION AGAINST CORRUPTION AND ANOTHER
Legal advice privilege
06 Nov 2015
3.
OFFICIAL RECEIVER v. ZHI CHARLES, formerly known as CHANG HYUN CHI AND ANOTHER
Constitutionality of s.30A(10)(a) of the Bankruptcy Ordinance, Cap. 6
05 Nov 2015
4.
THE COMMISSIONER OF INLAND REVENUE v. GENEHARBOR (HONG KONG) TECHNOLOGIES LTD
Recovery of tax
23 Oct 2015
5.
SECRETARY FOR JUSTICE v. CHENG KAM MUN (鄭錦滿) AND OTHERS
Criminal contempt proceedings - extension of time
01 Sep 2015
6.
LEUNG FUK WAH OIL v. SECRETARY FOR JUSTICE

HO KIN MIN v. COMMISSIONER OF POLICE

LAI YING ON v. SECRETARY FOR JUSTICE

NG SAI HING v. SECRETARY FOR JUSTICE
Abuse of process
25 Aug 2015
7.
THE SECRETARY FOR JUSTICE v. JOSEPH LO KIN CHING and DEREK LAI KAR YAN, THE JOINT AND SEVERAL ADMINISTRATORS OF THE ESTATE OF KUNG, NINA (龔如心) also known as NINA KUNG and NINA T H WANG AND OTHERS
Costs
24 Aug 2015
8.
SECRETARY OF JUSTICE v. LI PANG KAY AND SHARP DAILY LIMITED

SECRETARY FOR JUSTICE v. CHEUNG KIM HUNG AND APPLE DAILY LIMITED
Contempt of court - cross-examination of the defendants
20 Aug 2015
9.
CHINA INTERNATIONAL FUND LTD v. DENNIS LAU AND NG CHUN MAN ARCHITECTS & ENGINEERS (HK) LTD (SECRETARY FOR JUSTICE INTERVENING)
Arbitration Ordinance, Cap. 609 - Constitutionality of section 81(4)
12 Aug 2015
10.
HO CHEE SING JAMES v. SECRETARY FOR JUSTICE
Striking out - Jurisidiction of the Labour Tribunal
22 Jul 2015
11.
LO KWOK KUEN DANWAY v. SECRETARY FOR JUSTICE for and on behalf of THE GOVERNMENT OF THE HONG KONG SPECIAL ADMINISTRATIVE REGION
Construction of Pension Benefits Ordinance
13 Jul 2015
12.
SUPER WORTH INTERNATIONAL LIMITED & ANORS. v. COMMISSIONER OF THE INDEPENDENT COMMISSION AGAINST CORRUPTION & ANOR
Legal Professional Privilege
03 Jul 2015
13.
CITIC PACIFIC LIMITED v. SECRETARY FOR JUSTICE AND ANOTHER
Proper limit of legal advice privilege
29 Jun 2015
14.
DHILLON KANWAR JEET SINGH v. DIRECTOR OF IMMIGRATION
Immigration - Habeas Corpus
11 Jun 2015
15.
TURNER ENTERTAINMENT NETWORKS ASIA, INC. for MUSE COMMUNICATIONS CO. LTD v. COMMISSIONER OF INLAND REVENUE
Taxation - profits tax on licence fees and technical costs
28 May 2015
16.
THE SECRETARY FOR JUSTICE v. JOSEPH LO KIN CHING and DEREK LAI KAR YAN, THE JOINT AND SEVERAL ADMINISTRATORS OF THE ESTATE OF KUNG, NINA (龔如心) also known as NINA KUNG and NINA T H WANG AND OTHERS
Trusts and charities - construction of will
18 May 2015
17.
CHAN YIM WAH WALLACE v. NEW WORLD FIRST FERRY SERVICES LIMITED
Non-party discovery
08 May 2015
18.
SECRETARY FOR JUSTICE v. HONG KONG CABLE TELEVISION LIMITED
Licence fees - Provision of television programme service on the Internet
05 May 2015
19.
LI KWOK CHING v. SECRETARY FOR JUSTICE
Land - Encroachment, Adverse possession
31 Mar 2015
20.
CHAN KAM CHUEN v. SECRETARY FOR TRANSPORT
Land resumption - ex gratia payment
30 Mar 2015
21.
UNITED BRIGHT LIMITED v. SECRETARY FOR JUSTICE
Land - Lease conditions
18 Mar 2015
22.
余袓林 v. COMMISSIONER OF POLICE AND OTHERS
Apparent Bias
17 Feb 2015
23.
ABID SAEED v. SECRETARY FOR JUSTICE
Immigration - damages for unlawful detention
30 Jan 2015
24.
LAI KAM MAN AND OTHERS v. WONG JING AND OTHERS
Charity - whether a public charity
20 Jan 2015
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Judicial review cases

No. Case Name Case Number Subject Matter Involved Date of Decision
or Reasons
for Decision
1.
LEUNG HON WAI v. DIRECTOR OF ENVIRONMENTAL PROTECTION
Environmental Impact Assessment Ordinance - Environmental Permit
18 Dec 2015
2.
ZN v. SECRETARY FOR JUSTICE AND OTHERS
Recusal application - apparent bias
13 Nov 2015
3.
DR F AND ANOTHER v. EDUCATION AND ACCREDITATION COMMITTEE OF THE MEDICAL COUNCIL OF HONG KONG AND ANOTHER
Decision with no substantive legal effects or consequences
13 Nov 2015
4.
WANG WENXIANG AND ANOTHER v. REGISTRATION OF PERSONS TRIBUNAL
Immigration - Right of Abode
06 Nov 2015
5.
KWONG WING KIE v. LICENTIATE COMMITTEE OF THE MEDICAL COUNCIL OF HONG KONG AND ANOTHER
Eligibility for taking the licensing examination
04 Nov 2015
6.
AW v. DIRECTOR OF IMMIGRATION AND ANOTHER
Immigration - Torture Claim
03 Nov 2015
7.
KWOK CHEUK KIN v. SECRETARY FOR CONSTITUTIONAL AND MAINLAND AFFAIRS
Legislative Council - bar from standing at election
22 Oct 2015
8.
BUILDING AUTHORITY v. APPEAL TRIBUNAL (BUILDINGS)
Building Appeal - Dangerous Hillside Order
22 Oct 2015
9.
LAW YIU WAI, RAY v. THE MEDICAL COUNCIL OF HONG KONG AND OTHERS
Functions and role of Preliminary Investigation Committee and its chairman
12 Oct 2015
10.
LI WAI HUNG CESARIO v. ADMINISTRATIVE APPEALS BOARD
Suitability of the location of the premises as a mahjong/tin kau parlour
07 Oct 2015
11.
HUNG HING AND 66 OTHERS v. DIRECTOR OF LANDS
Small House Policy - Vehicular access
17 Sep 2015
12.
THE REAL ESTATE DEVELOPERS ASSOCIATION OF HONG KONG v. BUILDING AUTHORITY
Building Plans - Ownership / realistic prospect of control
10 Sep 2015
13.
BUILDING AUTHORITY v. APPEAL TRIBUNAL (BUILDINGS)
Building Appeal - Disapproval of building plans
04 Sep 2015
14.
PCCW-HKT TELEPHONE LTD AND ANOTHER v. THE SECRETARY FOR COMMERCE AND ECONOMIC DEVELOPMENT AND OTHERS
Trading Fund Ordinance, Cap. 430 - Levy of telecommunication licence fees
11 Aug 2015
15.
INTERUSH LTD AND ANOTHER v. THE COMMISSIONER OF POLICE AND OTHERS
Organized and Serious Crimes Ordinance, Cap. 455 - Constitutionality of section 25 and 25A
05 Aug 2015
16.
PARK LOMEN INN LTD v. APPEAL BOARD (HOTEL AND GUESTHOUSE ACCOMMODATION) AND ANOTHER
Lodging of notice of appeal in ex parte appeal
04 Aug 2015
17.
DESIGNING HONG KONG LIMITED v. THE TOWN PLANNING BOARD
Protective costs order - leave to appeal
28 Jul 2015
18.
TH & ANOTHER v. DIRECTOR OF IMMIGRATION
Immigration - dependant visa
20 Jul 2015
19.
ORRICO, PHILIPPE & ANOTHER v. MUNICIPAL SERVICES APPEALS BOARD
Costs - inferior tribunal and appeal board
16 Jul 2015
20.
TSANG KIN CHIU v. COMMISSIONER OF POLICE
Disclosure of identities of police officers
13 Jul 2015
21.
KWOK CHEUK KIN v. THE CHIEF EXECUTIVE OF THE HONG KONG SPECIAL ADMINISTRATIVE REGION AND ANOTHER
Public consultation on the Method for Selection of the Chief Executive in 2017
25 Jun 2015
22.
SHANGRI-LA HOTEL (KOWLOON) LTD v. APPEAL TRIBUNAL (BUILDINGS)
Building Appeal - Jurisdiction of the Appeal Tribunal (Buildings) and disapproval of building plans
24 Jun 2015
23.
TOWN PLANNING BOARD v. TOWN PLANNING APPEAL BOARD
Town Planning Appeal - Construction of s.17(1) of the Town Planning Ordinance, Cap 131
18 Jun 2015
24.
CHEUNG TAK WING v. COMMUNICATIONS AUTHORITY & DIRECTOR OF INFORMATION SERVICES
Announcements in the Public Interest
12 Jun 2015
25.
LEUNG LAI KWOK YVONNE v. THE CHIEF SECRETARY FOR ADMINISTRATION & OTHERS
Public consultation on the Method for Selection of the Chief Executive in 2017
05 Jun 2015
26.
THE REAL ESTATE DEVELOPERS ASSOCIATION OF HONG KONG v. BUILDING AUTHORITY
Buildings - leave to serve notice of appeal
27 May 2015
27.
MAN HING MEDICAL SUPPLIERS (INTERNATIONAL) LIMITED v. THE DIRECTOR OF HEALTH AND THE CHINESE MEDICINE COUNCIL OF HONG KONG
Recall of unregistered proprietary Chinese medicine
21 May 2015
28.
KMM v. THE TORTURE CLAIMS APPEAL BOARD
Immigration - Torture Claim (Costs)
21 May 2015
29.
BRIAN ALFRED HALL also known as BRAIN ALFRED HALL v. COMMISSIONER OF CORRECTIONAL SERVICES
Right to legal representation in disciplinary proceedings
12 May 2015
30.
KEEN LLOYD HOLDINGS LTD AND OTHERS v. COMMISSIONER OF CUSTOMS AND EXCISE AND ANOTHER
extension of time to set down appeal
11 May 2015
31.
KEEN LLOYD HOLDINGS LTD AND OTHERS v. COMMISSIONER OF CUSTOMS AND EXCISE AND ANOTHER
Stay of execution
11 May 2015
32.
WONG CHI KIN v. COMMISSION OF INQUIRY (COLLISION OF VESSELS NEAR LAMMA ISLAND ON 1 OCTOBER 2012)
Leave to appeal against interlocutory order
04 May 2015
33.
DESIGNING HONG KONG LIMITED v. THE TOWN PLANNING BOARD
Protective Costs Order
30 Apr 2015
34.
HONG KONG TELEVISION NETWORK LIMITED v. CHIEF EXECUTIVE IN COUNCIL
Domestic Free TV Licence
24 Apr 2015
35.
KEEN LLOYD HOLDINGS LIMITED & ORS v. COMMISSIONER OF CUSTOMS AND EXCISE AND ANOTHER
Import and Export Ordinance - remedial interpretation
16 Apr 2015
36.
BH v. DIRECTOR OF IMMIGRATION
Immigration - dependant visa
14 Apr 2015
37.
SUZANNE RUTH HENDERSON v. THE REGISTRAR, DISTRICT COURT
Maintenance Orders (Reciprocal Enforcement) Ordinance, Cap. 188 - Meaning of "residing in Hong Kong"
31 Mar 2015
38.
HK v. WESLEY WONG, DEPUTY CHAIRPERSON OF THE TORTURE CLAIMS APPEAL BOARD
Immigration - Torture Claim (Costs)
17 Mar 2015
39.
BUILDING AUTHORITY v. APPEAL TRIBUNAL (BUILDINGS)
Building appeal - disapproval of building plans
13 Mar 2015
40.
CHAN KAM CHUEN & OTHERS v. DIRECTOR OF LANDS & OTHERS
Land - easements and permanent rights
13 Mar 2015
41.
COMMISSIONER OF REGISTRATION v. REGISTRATION OF PERSONS TRIBUNAL AND ANOTHER
Immigration - Right of Abode
04 Mar 2015
42.
KWOK CHEUK KIN v. DIRECTOR OF FOOD AND ENVIRONMENTAL HYGIENE
Licensing of funeral parlour business
27 Feb 2015
43.
NG SHEK WAI v. THE MEDICAL COUNCIL OF HONG KONG
Data protection - scope of the open justice principle
18 Feb 2015
44.
THE REAL ESTATE DEVELOPERS ASSOCIATION OF HONG KONG v. TOWN PLANNING BOARD
Planning - restrictions
03 Feb 2015
45.
GOOD MARK INDUSTRIAL LIMITED v. COMMISSIONER OF INLAND REVENUE
Inland Revenue - Application for correction of errors under s.70A of Inland Revenue Ordinance, Cap. 112
03 Feb 2015
46.
RE AW
Immigration - Torture Claim
26 Jan 2015
47.
WONG CHI KIN v. COMMISSION OF INQUIRY (COLLISION OF VESSELS NEAR LAMMA ISLAND ON 1 OCTOBER 2012)
Protective Costs Order
15 Jan 2015