Read the full judgment text of HCAL 128/2012 on BabelCite. This High Court CFI judgment was delivered on 26 March 2015 before Hon Fung J.
Judicial review – Police General Order 6-01(8) – Serious pecuniary embarrassment – Operational efficiency – Financial imprudence – Bankruptcy – Gambling – Quashing of conviction – Remittal for rehearing – Whether restrictions on duties equate to impairment of operational efficiency – Whether integrity and honesty are relevant factors – Lam Siu Po v Commissioner of Police – Tu Kin Yip v SJ – Applicant's conviction on Charge (A) quashed as AO equated restrictions with impairment without sufficient evidence – Case remitted for rehearing to consider evidence on honesty and integrity.
Legal issues: Interpretation of operational efficiency under PGO 6-01(8) · Proof of impairment of operational efficiency · Relevance of integrity and honesty
Outcome: Conviction on Charge (A) quashed; case remitted for rehearing before a different AO.
Cited by 2 cases · Cites 5 cases