CONFIDENTIAL
Bill of Rights
List of Significant Court Decisions
01
Case
SIN Yau-ming
TAM V. WU
Nature
presumptions of possession of drugs for purpose of unlawful trafficking etc.
Provisions being challenged
S.46(c) and (d), 47(1)(c) and (d) and (3) of Dangerous Drugs Ordinance (DDO) (art. 11(1) of BOR).
Decision
repealed; upheld District Court decisions.
inter-citizen litigation, prohibition order to stop judgment debtor from leaving HK.
S.52E(1) District Court Ordinance (art. 8(2) of BOR)
not inconsistent with BOR; BCR not operate to
adversely affect
private
individuals;
Court
Court of Appeal
Court of Appeal
Impact/HKG's response
more difficult to bring prosecutions
will introduce amendments to DDO to limit damage to drug enforcement operations.
reinforce exclusion of inter-citizen disputes from BOR.
• QUAM CUAL M
Alick AU/Eddie SCH
right to legal aid
application for legal assistance under art 11(2)(d) of BOR after application rejected by Director of Legal Aid
reversed District Court decision.
ordered legal assistance to be provided in the interests of justice
High Court
-
bypassed the means test in the Legal Aid Ordinance and
had substantial financial implications;
will take suitable opportunity to
contest any similar future applicatione,