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02 June 2023 / Wilson Leung
Issue: 8027 / Categories: Features , Contempt , Criminal , Procedure & practice , International
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Criminal contempt: the pendulum swings

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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

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NEWS
The Law Society RFC Festival of Sport returns next month, bringing together legal and financial services professionals for one of the sector’s largest annual sporting events
Legal aid deserts leave almost one in four without adequate access to justice
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners

Jonathan Fisher KC highlights that it now accounts for around 40% of criminal offences, with roughly 70% involving technology, and argues that the UK cannot simply prosecute its way out of the problem. Detection, investigation and prosecution all require improvement, while different fraud types demand tailored responses.

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