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on the basis of unreasonable delay (2 and a half years) in bringing the defendant to trial. There is no prospect of appeal in this case. In view of the fact the BOR points
an
were
not fully agrued in this case, the Crown vigorously contest similar applications in the future.
Right to legal aid
will
19.
In early September 1991 and again in mid-January
1992, a High Court judge relied on the Bill of Rights to
order that defendants in a criminal case be provided with legal representation at Government expense, notwithstanding
the rejection of their application for legal aid by the
Director of Legal Aid.
The Attorney General appealed against the former decision. The appeal was dismissed by the Court of Appeal on 3 October on the ground that it had
no jurisdiction to hear the appeal because it related to a
criminal cause or matter. The judgments bypassed the means test contained in the Legal Aid Ordinance and the financial
implications could be substantial. HKG is looking for suitable opportunity to contest any similar application for
legal assistance.
Inter-citizen litigation and prohibition order
20.
In the
a judgment prohibiting
inconsistent
case of Tany พบ handed down on
28 November 1991, the Court of Appeal ruled that s.52E(1)(a) of the District Court ordinance, which permits
creditor to obtain an order from a judge the debtor from leaving Hong Kong, was not
with the BOR, which guarantees everyone the freedom to leave Hong Kong, subject to restrictions provided by the law for certain specified purposes. The Court also ruled that since the BOR Ordinance was expressed
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