Read the full judgment text of FAMV35/2010 on BabelCite. This Court of Final Appeal judgment was delivered on 11 February 2011 before Chief Justice Ma, Mr Justice Ribeiro PJ and Mr Justice Mortimer NPJ.
Civil procedure – leave to appeal – Court of Final Appeal – general or public importance – Police disciplinary proceedings – blanket restriction on legal representation – Article 10 Hong Kong Bill of Rights – fair hearing – applicant failed to request legal representation – request would have been futile under pre-Lam Siu Po rules – whether disciplinary hearing necessarily unfair – no other pending cases of same category – leave refused – costs awarded to respondent.
Legal issues: Whether a police disciplinary hearing is necessarily unfair due to blanket restriction against legal representation
Outcome: Leave to appeal refused; Commissioner of Police's application dismissed with costs.
Cites 1 case