LEUNG KIT-HING, DORIS (Applicant) v THE MAGISTRATE-IN-CHARGE OF ALL CASE MANAGEMENT MATTERS AT KOWLOON CITY MAGISTRATES’ COURTS (1st Putative Respondent)

Read the full judgment text of HCAL 419/2018 on BabelCite. This Court of First Instance judgment was delivered on 12 April 2018 before Hon Chow J.

Administrative law – judicial review – leave to apply – evidence admissibility in criminal proceedings – abuse of process – The applicant, a non-party to criminal proceedings KCCC 2035/2017, sought judicial review of magistrates' decisions rejecting her attempts to produce evidence. The court held that evidence admissibility is generally a matter for the trial court, not judicial review, save in most exceptional circumstances, which did not exist here. Errors can be corrected on appeal. The applicant's repeated applications to litigate the same issue by judicial review amounted to an abuse of process. The application was procedurally defective and similar to a previous rejected application in HCAL 1140/2017. Application for leave to apply for judicial review dismissed.

Legal issues: Whether judicial review is available for evidence admissibility decisions in criminal proceedings

Outcome: Application for leave to apply for judicial review dismissed.

Cited by 9 cases · Cites 1 case