Wilson Leung examines a recent judgment providing much-needed clarity on the process of bringing committal proceedings in Hong Kong
- The Hong Kong Court of Final Appeal has held that a party does not need to inform or seek the consent of the Secretary for Justice (the equivalent of the attorney general (AG) in other jurisdictions) before commencing committal proceedings in relation to criminal contempt.
- This decision provides welcome clarification for practitioners in civil litigation.
- It now appears clear that the litigant may bring such proceedings without having to seek the AG’s consent.
Contempt of court has traditionally been classified as criminal or civil contempt. Civil contempt is concerned with breaches of court orders or undertakings, whereas criminal contempt relates to other acts which seriously impede the administration of justice (A-G v Times Newspapers Ltd [1974] AC 273).
Despite occasional criticism of the distinction (eg Jennison v Baker [1972] 2 QB 52, p61H), it continues to persist for the time being, at least in England (R v O’Brien [2014] UKSC 23; Attorney General v Crosland
