Yeung Chung Ming v. Commissioner of Police

Read the full judgment text of CACV 13/2006 on BabelCite. This Court of Appeal judgment was delivered on 28 June 2007.

1. It is unnecessary for us to consider whether the questions posed in the Notice of Motion, in particular, the so-called “component questions”, are questions which are involved in our decision, or that they are questions which ought to be determined by the Court of Final Appeal.

Cited by 3 cases

Case No.CACV 13/2006
Court
Court of Appeal
Date28 Jun 2007
Judge
Case Document
100%Judiciary

CACV 13/2006

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF APPEAL

CIVIL APPEAL NO. 13 OF 2006

(ON APPEAL FROM HCAL NO. 125 OF 2003)

_________________

BETWEEN

  YEUNG CHUNG MING Applicant
  and  
  COMMISSIONER OF POLICE Respondent

__________________

 

Before:  Hon Tang VP, Hartmann J and Lam J in Court

Date of Hearing: 28 June 2007

Date of Decision: 28 June 2007

_______________

D E C I S I O N

_______________

Hon Tang VP (giving the decision of the Court):

1.It is unnecessary for us to consider whether the questions posed in the Notice of Motion, in particular, the so-called “component questions”, are questions which are involved in our decision, or that they are questions which ought to be determined by the Court of Final Appeal.

2.The question involved in this appeal and identified in para. 63 of our judgment is whether the power to withhold pay infringes the presumption of innocence and hence Article 11(1) of the Hong Kong Bill of Rights Ordinance, Cap. 383.

3.We are satisfied that this question is one which by reason of its great general or public importance ought to be submitted to the Court of Final Appeal for decision.

4.Accordingly, we grant leave to appeal to the Court of Final Appeal.

(Robert Tang)
Vice-President
(M. J. Hartmann)
Judge of the Court of First Instance
(M. H. Lam)
Judge of the Court of First Instance

Ms. Margaret Ng, instructed by Messrs Hastings & Co., assigned by Director of Legal Aid, for the Applicant.

Mr. Nicholas Cooney, instructed by the Department of Justice, for the Respondent.

Other Judgments in This Case

Further hearings and rulings under CACV 13/2006