Read the full judgment text of FAMV 112/2022 and FAMV 113/2022 on BabelCite. This Court of Final Appeal judgment was delivered on 18 July 2022 before Mr Justice Fok PJ, Mr Justice Lam PJ and Mr Justice Tang NPJ.
Civil procedure – criminal contempt – committal proceedings – private litigant – role of Secretary for Justice – leave to appeal – Court of Final Appeal – Questions 1 to 4 – Whether Secretary for Justice has exclusive right to bring criminal contempt proceedings – Whether private litigant must consult Secretary for Justice before bringing committal proceedings under Order 52 of the Rules of the High Court – Whether private litigant must join Secretary for Justice as party or lay facts before court if Secretary declines to act – Whether leave granted to Mr. Chu to commence committal proceedings should be set aside for procedural defects or non-disclosure – Appeal Committee granted leave to appeal on these four questions of requisite importance – Appeal listed for hearing on 31 October 2022 – Secretary for Justice invited to file submissions.
Legal issues: Exclusive right of Secretary for Justice to bring criminal contempt proceedings · Requirement to consult Secretary for Justice before private committal proceedings · Requirement to join Secretary for Justice as party or lay facts before court · Consequences of procedural defects or non-disclosure
Outcome: Leave to appeal granted to the applicants on Questions 1 to 4.
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