Read the full judgment text of CACV 185/2012 on BabelCite. This Court of Appeal judgment was delivered on 30 April 2015 before Hon Lam VP, Yuen JA and Chu JA.
Civil appeal – Duty of care – Police Force – Legal Aid Department – Bias – Contempt of court – Offences Against the Person Ordinance – Appeal dismissed – Costs awarded – Plaintiff Liu Mei Huei appealed against dismissal of claim against Government of the HKSAR regarding Legal Aid Department and Police Force – Issue of bias of To J due to Panel Judge appointment under Interception of Communications and Surveillance Ordinance – Court held no apparent bias as Panel Judges exercise functions independently – Issue of background accuracy in judgment – Court held succinct summary sufficient – Issue of whether ex-husband's failure to pay maintenance constituted criminal contempt or offence under section 27 Offences Against the Person Ordinance – Court held civil contempt and no evidence for section 27 – Issue of duty of care owed by Police Force – Court held Hill principle applies, no duty of care for victims/witnesses in criminal investigation – Issue of duty of care owed by Legal Aid Department – Court held statutory appeal mechanism exists, no common law duty of care – Appeal dismissed, plaintiff to pay costs.
Legal issues: Bias of To J · Accuracy of background · Criminal nature of ex-husband's acts · Police duty of care · Legal Aid duty of care
Outcome: Appeal dismissed
Cited by 6 cases · Cites 3 cases