Read the full judgment text of HCMP 002936/1989 on BabelCite. This High Court CFI judgment was delivered on 4 April 1990 before Jones J.
Criminal law – judicial review – Attorney General's prosecutorial discretion – Prevention of Bribery Ordinance – whether Attorney General's decision to proceed with criminal charges is subject to judicial review – whether there is a cut-off point after initial decision to prosecute making subsequent decisions reviewable – test for setting aside ex parte order granting leave for judicial review – applicant previously charged in Carrian trial with finding of no case to answer – charges relating to Bumiputra Malaysia Finance Limited (BMFL) held in abeyance pending return of co-defendant Lorrain Osman from England – subsequent WestLB and Barclays Asia bribery charges – Attorney General's decision to proceed with bank charges rather than continue waiting for Osman – applicant sought judicial review of decision to proceed with charges and decision to try them in District Court – court followed Court of Appeal in Keung Siu Wah holding that decision to prosecute is not subject to judicial review unless it meets Council of Civil Service Unions criteria of illegality, irrationality or procedural impropriety – court rejected submission that decisions subsequent to initial prosecution decision become reviewable – Attorney General's many prosecutorial duties including venue, charges, and timing all constitutionally protected – if subsequent decisions were reviewable, decision not to prosecute would also be reviewable, which is untenable – concerns about prejudice from delay should be raised before trial judge not by way of judicial review – test for setting aside ex parte leave is whether application is hopeless or misconceived, only in most exceptional circumstances – ex parte order of Barnett J. set aside – order nisi for costs in favour of Attorney General
Legal issues: Whether the Attorney General's decision to proceed with criminal charges is subject to judicial review · Whether there is a cut-off point after the initial decision to prosecute making subsequent prosecutorial decisions reviewable · Test for setting aside an ex parte order granting leave to apply for judicial review
Outcome: The ex parte order of Barnett J. granting leave to apply for judicial review was set aside; the application for judicial review was held to be hopeless.