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 – exclusive right to bring proceedings – requirement to consult – requirement to join as party – material non-disclosure – leave to appeal – Court of Final Appeal – Questions 1 to 4 of requisite importance – leave granted – appeal listed for hearing on 31 October 2022 – Secretary for Justice invited to make 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 on committal proceedings
Outcome: Leave to appeal granted to the applicants on Questions 1 to 4 as set out in the Notice of Motion dated 28 February 2022. The balance of the application for leave to appeal was dismissed by order dated 1 June 2022.
Cited by 1 case