Read the full judgment text of HCA 329/2012 on BabelCite. This Court of First Instance judgment was delivered on 5 July 2013 before 梁國安 (高等法院聆案官).
Civil procedure – striking out – reasonable cause of action – former police officer – disciplinary hearings in 1989 and 1990 – dismissal for misconduct – denial of legal representation at the hearings under Police (Discipline) Regulations 9(11) and 9(12) – reliance on Lam Siu Po v Commissioner of Police [2009] 4 HKLRD 575 (CFA) – whether the CFA's ruling that denial of legal representation in police disciplinary hearings was unconstitutional and a breach of the Hong Kong Bill of Rights and the Basic Law supports a common law negligence claim against the Commissioner of Police – whether those constitutional and human rights instruments can be applied retrospectively to hearings conducted in 1989 and 1990 – Hong Kong Bill of Rights Ordinance (Cap 383) enacted on 6 June 1991 and commenced on 8 June 1991 – Basic Law and constitutional framework did not exist at the material time – plaintiff cited no authority for retrospective application – no reasonable cause of action established – limitation – Limitation Ordinance s.31 – whether s.31 extends time where the cause of action is said to arise on the date of the Lam Siu Po decision (26 March 2009) – s.31 cannot rescue a claim that has no reasonable cause of action – claim struck out – plaintiff's action dismissed – plaintiff to pay the defendant's costs of the action and the strike-out application, to be assessed if not agreed
Legal issues: Whether plaintiff has reasonable cause of action based on Lam Siu Po · Whether s.31 of the Limitation Ordinance extends time for the claim
Outcome: Defendant's application to strike out granted; the plaintiff's claim and action are dismissed.
Cites 4 cases