Read the full judgment text of CACV 244/2015 on BabelCite. This Court of Appeal judgment was delivered on 30 December 2016 before Hon Lam VP, Chu and Poon JJA.
Family law – judgment summons – enforcement of maintenance order – Hong Kong Bill of Rights – Article 10 fair trial – Article 11 presumption of innocence – burden of proof – privilege against self-incrimination – segregation of examination and committal processes – remedial interpretation – procedural irregularities – committal order set aside – appeal allowed
Legal issues: Constitutionality of Rule 87 burden of proof · Segregation of examination and committal processes · Privilege against self-incrimination in examination · Use of compelled answers in committal proceedings · Procedural irregularities in the appeal
Outcome: Appeal allowed. Committal order set aside. Matter remitted to Family Court.
Cites 4 cases