Read the full judgment text of FAMV 26/2009 on BabelCite. This Court of Final Appeal judgment was delivered on 8 September 2009 before Chief Justice Li, Mr Justice Bokhary PJ, Mr Justice Ribeiro PJ.
Application for leave to appeal – double jeopardy – disciplinary proceedings after criminal acquittal – section 15 of the Public Service (Administration) Order – whether substantially the same issues – criminal charge required intent to deceive – disciplinary charge did not require intent – applicant acquitted of Prevention of Bribery Ordinance charges – disciplinary charge under Civil Service Regulations CSR 852(5) for improperly receiving allowance – courts below held section 15 does not bar proceedings – application dismissed with costs.
Legal issues: Double jeopardy – disciplinary proceedings after criminal acquittal
Outcome: Application for leave to appeal dismissed.
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