Case Details

Citation

CHAU CHEUK YIU v. POON KIT SANG AND OTHERS, FAMV 7/2011

Case Number

FAMV 7/2011

Court

Court of Final Appeal

(CFA)

Decision Date

7 June 2011

Parties

Applicant(s):

CHAU CHEUK YIU, LAU CHI KEUNG, Assistant Commissioner of Hong Kong Police, CHAN WAI KI, Force Discipline Officer and Assistant Commissioner of Hong Kong Police, FUNG SIU YUEN, Deputy Commissioner of Hong Kong Police

Respondent(s):

POON KIT SANG, Superintendent of Hong Kong Police

For Applicant(s):

Mr Anderson Chow SC (instructed by the Department of Justice)

For Respondent(s):

Ms Margaret Ng (instructed by Messrs Hastings & Co and assigned by the Legal Aid Department)

CHAU CHEUK YIU v. POON KIT SANG AND OTHERS

Court of Final Appeal7 June 2011

FAMV7/2011 CHAU CHEUK YIU v. POON KIT SANG AND OTHERS

FAMV No. 7 of 2011

IN THE COURT OF FINAL APPEAL OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

MISCELLANEOUS PROCEEDINGS NO. 7 OF 2011 (CIVIL)

(ON APPLICATION FOR LEAVE TO APPEAL

FROM HCMP NO. 121 OF 2010)

____________________

Between:

	CHAU CHEUK YIU	Applicant (Respondent)
	- and -
	POON KIT SANG, Superintendent of Hong Kong Police	1st Respondent (1st Applicant)
	LAU CHI KEUNG, Assistant Commissioner of Hong Kong Police	2nd Respondent (2nd Applicant)
	CHAN WAI KI, Force Discipline Officer and Assistant Commissioner of Hong Kong Police	3rd Respondent (3rd Applicant)
	FUNG SIU YUEN, Deputy Commissioner of Hong Kong Police	4th Respondent (4th Applicant)

____________________

Appeal Committee:

Mr Justice Bokhary PJ, Mr Justice Chan PJ and Mr Justice Ribeiro PJ

Date of Hearing: 7 June 2011

Date of Determination: 7 June 2011

_________________________

D E T E R M I N A T I O N

_________________________

Mr Justice Bokhary PJ:

1. The principle laid down by the Court of Final Appeal is not in doubt, but the way in which it was applied or purportedly applied below makes it appropriate to grant leave to appeal to the Court of Final Appeal under the “or otherwise” limb of s.22(1)(b) of the Court’s statute. Leave to appeal is granted accordingly.

(Kemal Bokhary)
Permanent Judge

(Patrick Chan)
Permanent Judge

(RAV Ribeiro)
Permanent Judge

Mr Anderson Chow SC (instructed by the Department of Justice) for the applicants

Ms Margaret Ng (instructed by Messrs Hastings & Co. and assigned by the Legal Aid Department) for the respondent

Citation

Court

Procedural posture

Issues

Holdings

Legal principles

Disposition

Key citations

Appeal history

周卓堯訴香港警務處潘潔生警司及另三人
CFI · 8 Feb 2007
On appeal from
CHAU CHEUK YIU v. POON KIT SANG AND OTHERS
CFI · 2 Feb 2010
On appeal from
CHAU CHEUK YIU v. POON KIT SANG AND OTHERS
CFI · 2 Feb 2010
On appeal from
CHAU CHEUK YIU v. POON KIT SANG AND OTHERS
CFI · 6 Aug 2010
On appeal from
CHAU CHEUK YIU v. POON KIT SANG AND OTHERS
CFI · 6 Aug 2010
On appeal from
CHAU CHEUK YIU v. POON KIT SANG AND OTHERS
CFI · 1 Feb 2011
On appeal from
CHAU CHEUK YIU v. POON KIT SANG AND OTHERS
CFA · 7 Jun 2011
This judgment
CHAU CHEUK YIU v. POON KIT SANG AND OTHERS
CFA · 9 May 2012
On appeal from
CHAU CHEUK YIU v. POON KIT SANG AND OTHERS
CFA · 18 Jul 2012
On appeal from