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Reporter(s)

Riccardo Vecellio Segate

Fu v Hong Kong Special Administrative Region, Last instance decision, FACC 4/2021, [2021] HKCFA 34, ILDC 3345 (HK 2021), 30th September 2021, Hong Kong; Court of Final Appeal [HKCFA]

From: Oxford Public International Law (http://opil.ouplaw.com). (c) Oxford University Press, 2023. All Rights Reserved.date: 03 October 2023

Whether the Convention on Human Rights and Fundamental Freedoms, as interpreted by the European Court of Human Rights (‘ECtHR’) and the International Covenant on Civil and Political Rights, as interpreted by the United Nations Human Rights Committee, supported a discretionary stay of proceedings on double jeopardy grounds when criminal proceedings were initiated for facts which were already subject to disciplinary proceedings

Whether Hong Kong courts were subject to the same precedential, coherence, and political constraints bearing upon the ECtHR.

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