Case Details

Citation

SECRETARY FOR JUSTICE v. CHEUNG KAI YIN, CACV 69M/2016

Case Number

CACV 69M/2016

Court

Court of Appeal

(CA)

Decision Date

1 August 2016

Parties

Applicant(s):

SECRETARY FOR JUSTICE

Respondent(s):

CHEUNG KAI YIN

Judges

Cheung
Yeung
Lam VPP

SECRETARY FOR JUSTICE v. CHEUNG KAI YIN

CACV 69M/2016

Court of Appeal1 August 2016

Judges:CheungYeungLam VPP

CACV69M/2016 SECRETARY FOR JUSTICE v. CHEUNG KAI YIN

CACV 69 to 75/2016,
CACV 77 to 89/2016,
CACV 125 to 131/2016 and
CACV 133 to 135/2016
(Heard together)

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF APPEAL

CIVIL APPEAL NO 69 OF 2016

(ON APPEAL FROM HCMP NO 777 of 2015)

________________________

BETWEEN

	SECRETARY FOR JUSTICE	Applicant (Respondent)
	and
	CHEUNG KAI YIN	Respondent (Appellant)

_______________________

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF APPEAL

CIVIL APPEAL NO 70 OF 2016

(ON APPEAL FROM HCMP NO 779 of 2015)

________________________

BETWEEN

	SECRETARY FOR JUSTICE	Applicant (Respondent)
	and
	MA PO KWAN	Respondent (Appellant)

_______________________

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF APPEAL

CIVIL APPEAL NO 71 OF 2016

(ON APPEAL FROM HCMP NO 781 of 2015)

________________________

BETWEEN

	SECRETARY FOR JUSTICE	Applicant (Respondent)
	and
	SHUM LESTER	Respondent (Appellant)

_______________________

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF APPEAL

CIVIL APPEAL NO 72 OF 2016

(ON APPEAL FROM HCMP NO 789 of 2015)

________________________

BETWEEN

	SECRETARY FOR JUSTICE	Applicant (Respondent)
	and
	HUNG CHEUK LUN	Respondent (Appellant)

_______________________

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF APPEAL

CIVIL APPEAL NO 73 OF 2016

(ON APPEAL FROM HCMP NO 793 of 2015)

________________________

BETWEEN

	SECRETARY FOR JUSTICE	Applicant (Respondent)
	and
	SZETO TZE LONG JASON	Respondent (Appellant)

_______________________

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF APPEAL

CIVIL APPEAL NO 74 OF 2016

(ON APPEAL FROM HCMP NO 794 of 2015)

________________________

BETWEEN

	SECRETARY FOR JUSTICE	Applicant (Respondent)
	and
	WONG LAI WAN	Respondent (Appellant)

_______________________

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF APPEAL

CIVIL APPEAL NO 75 OF 2016

(ON APPEAL FROM HCMP NO 797 of 2015)

________________________

BETWEEN

	SECRETARY FOR JUSTICE	Applicant (Respondent)
	and
	YEUNG HO WAH	Respondent (Appellant)

_______________________

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF APPEAL

CIVIL APPEAL NO 77 OF 2016

(ON APPEAL FROM HCMP NO 783 of 2015)

________________________

BETWEEN

	SECRETARY FOR JUSTICE	Applicant (Respondent)
	and
	CHIU CHI SUM (趙志深)	Respondent (Appellant)

_______________________

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF APPEAL

CIVIL APPEAL NO 78 OF 2016

(ON APPEAL FROM HCMP NO 784 of 2015)

________________________

BETWEEN

	SECRETARY FOR JUSTICE	Applicant (Respondent)
	and
	CHAN PO YING (陳寶瑩)	Respondent (Appellant)

_______________________

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF APPEAL

CIVIL APPEAL NO 79 OF 2016

(ON APPEAL FROM HCMP NO 788 of 2015)

________________________

BETWEEN

	SECRETARY FOR JUSTICE	Applicant (Respondent)
	and
	KWAN SIU WANG (關兆宏)	Respondent (Appellant)

_______________________

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF APPEAL

CIVIL APPEAL NO 80 OF 2016

(ON APPEAL FROM HCMP NO 791 of 2015)

________________________

BETWEEN

	SECRETARY FOR JUSTICE	Applicant (Respondent)
	and
	FUNG KAI HEI (馮啟禧)	Respondent (Appellant)

_______________________

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF APPEAL

CIVIL APPEAL NO 81 OF 2016

(ON APPEAL FROM HCMP NO 796 of 2015)

________________________

BETWEEN

	SECRETARY FOR JUSTICE	Applicant (Respondent)
	and
	MAK YING SHEUNG (麥盈湘)	Respondent (Appellant)

_______________________

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF APPEAL

CIVIL APPEAL NO 82 OF 2016

(ON APPEAL FROM HCMP NO 798 of 2015)

________________________

BETWEEN

	SECRETARY FOR JUSTICE	Applicant (Respondent)
	and
	WONG HO MING (黃浩銘)	Respondent (Appellant)

_______________________

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF APPEAL

CIVIL APPEAL NO 83 OF 2016

(ON APPEAL FROM HCMP NO 774 of 2015)

________________________

BETWEEN

	SECRETARY FOR JUSTICE	Applicant (Respondent)
	and
	CHAU WAN YING (周蘊瑩)	Respondent (Appellant)

_______________________

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF APPEAL

CIVIL APPEAL NO 84 OF 2016

(ON APPEAL FROM HCMP NO 776 of 2015)

________________________

BETWEEN

	SECRETARY FOR JUSTICE	Applicant (Respondent)
	and
	CHU WAI LUN (朱緯圇)	Respondent (Appellant)

_______________________

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF APPEAL

CIVIL APPEAL NO 85 OF 2016

(ON APPEAL FROM HCMP NO 778 of 2015)

________________________

BETWEEN

	SECRETARY FOR JUSTICE	Applicant (Respondent)
	and
	CHU PUI YAN (朱佩欣)	Respondent (Appellant)

_______________________

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF APPEAL

CIVIL APPEAL NO 86 OF 2016

(ON APPEAL FROM HCMP NO 780 of 2015)

________________________

BETWEEN

	SECRETARY FOR JUSTICE	Applicant (Respondent)
	and
	KWOK YEUNG YUK (郭陽煜)	Respondent (Appellant)

_______________________

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF APPEAL

CIVIL APPEAL NO 87 OF 2016

(ON APPEAL FROM HCMP NO 787 of 2015)

________________________

BETWEEN

	SECRETARY FOR JUSTICE	Applicant (Respondent)
	and
	CHEUNG KAI HONG (張啟康)	Respondent (Appellant)

_______________________

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF APPEAL

CIVIL APPEAL NO 88 OF 2016

(ON APPEAL FROM HCMP NO 792 of 2015)

________________________

BETWEEN

	SECRETARY FOR JUSTICE	Applicant (Respondent)
	and
	CHOI TAT SHING (蔡達誠)	Respondent (Appellant)

_______________________

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF APPEAL

CIVIL APPEAL NO 89 OF 2016

(ON APPEAL FROM HCMP NO 795 of 2015)

________________________

BETWEEN

	SECRETARY FOR JUSTICE	Applicant (Respondent)
	and
	WONG CHI FUNG (黃之鋒)	Respondent (Appellant)

_______________________

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF APPEAL

CIVIL APPEAL NO 125 OF 2016

(ON APPEAL FROM HCMP NO 2922 of 2015)

________________________

BETWEEN

	SECRETARY FOR JUSTICE	Applicant (Respondent)
	and
	CHAN WAI FUNG	Respondent (Appellant)

_______________________

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF APPEAL

CIVIL APPEAL NO 126 OF 2016

(ON APPEAL FROM HCMP NO 2923 of 2015)

________________________

BETWEEN

	SECRETARY FOR JUSTICE	Applicant (Respondent)
	and
	AU YUK KWAN	Respondent (Appellant)

_______________________

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF APPEAL

CIVIL APPEAL NO 127 OF 2016

(ON APPEAL FROM HCMP NO 2926 of 2015)

________________________

BETWEEN

	SECRETARY FOR JUSTICE	Applicant (Respondent)
	and
	WONG KA YEE	Respondent (Appellant)

_______________________

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF APPEAL

CIVIL APPEAL NO 128 OF 2016

(ON APPEAL FROM HCMP NO 2928 of 2015)

________________________

BETWEEN

	SECRETARY FOR JUSTICE	Applicant (Respondent)
	and
	CHAN AO TIEN (陳遨天)	Respondent (Appellant)

_______________________

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF APPEAL

CIVIL APPEAL NO 129 OF 2016

(ON APPEAL FROM HCMP NO 2929 of 2015)

________________________

BETWEEN

	SECRETARY FOR JUSTICE	Applicant (Respondent)
	and
	CHAN PAK TAO (陳柏陶)	Respondent (Appellant)

_______________________

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF APPEAL

CIVIL APPEAL NO 130 OF 2016

(ON APPEAL FROM HCMP NO 2931 of 2015)

________________________

BETWEEN

	SECRETARY FOR JUSTICE	Applicant (Respondent)
	and
	LOU TIT MAN (劉鐵民)	Respondent (Appellant)

_______________________

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF APPEAL

CIVIL APPEAL NO 131 OF 2016

(ON APPEAL FROM HCMP NO 2932 of 2015)

________________________

BETWEEN

	SECRETARY FOR JUSTICE	Applicant (Respondent)
	and
	LEUNG HON LAM (梁翰林)	Respondent (Appellant)

_______________________

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF APPEAL

CIVIL APPEAL NO 133 OF 2016

(ON APPEAL FROM HCMP NO 2917 of 2015)

________________________

BETWEEN

	SECRETARY FOR JUSTICE	Applicant (Respondent)
	and
	SIEW YUN LONG (蕭雲龍)	Respondent (Appellant)

_______________________

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF APPEAL

CIVIL APPEAL NO 134 OF 2016

(ON APPEAL FROM HCMP NO 2920 of 2015)

________________________

BETWEEN

	SECRETARY FOR JUSTICE	Applicant (Respondent)
	and
	LAW WAI YAN (羅慧茵)	Respondent (Appellant)

_______________________

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF APPEAL

CIVIL APPEAL NO 135 OF 2016

(ON APPEAL FROM HCMP NO 2921 of 2015)

________________________

BETWEEN

	SECRETARY FOR JUSTICE	Applicant (Respondent)
	and
	CHAN JEFFREY (陳子勳)	Respondent (Appellant)

_______________________

Before: Hon Cheung CJHC, Yeung and Lam VPP in Court

Date of Hearing: 19 July 2016

Date of Supplemental Submissions of the Respondents (Appellants): 29 July 2016

Date of Judgment: 1 August 2016

Date of Corrigendum: 1 September 2016

________________________

CORRIGENDUM

________________________

Please note the following corrigenda in the Judgment dated 1 August 2016:-

Page17, paragraph 7, 2nd line:

“Section 12(1)” should read“Section 12(2)”.

Page17, paragraph 7, 3rd line:

“Section 12(2)” should read“Section 12(3)”.

Dated this 1st day of September 2016

(Connie Au Yeung)
Clerk to Hon Lam VP

Court

Procedural posture

Issues

Holdings

Legal principles

Disposition

Appeal history

HCMP 777/2015
Judgment not in library
On appeal from
HCMP 779/2015
Judgment not in library
On appeal from
HCMP 781/2015
Judgment not in library
On appeal from
HCMP 789/2015
Judgment not in library
On appeal from
HCMP 793/2015
Judgment not in library
On appeal from
SECRETARY FOR JUSTICE v. CHEUNG KAI YIN
CA · 1 Aug 2016
This judgment