HKSAR v. WALSH KENT ANDREW

HKSAR v. WALSH KENT ANDREW

The court held that statutory provisions (ss49 and 51A CPO) require the personal physical presence of a natural person accused at arraignment; s51A only applies after an accused has been arraigned in person; no exceptional or extenuating circumstances existed to excuse attendance; accordingly the application to be arraigned in absence or by video link was refused.

Citation
[2018] HKCFI 688
Parties
Prosecution: HKSAR; Accused: Walsh Kent Andrew
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
26 March 2018
Case Number
HCCC368/2015
Procedural Posture
Criminal / Arraignment
Outcome
Application refused
Legal Topics
Arraignment, Absence of Accused, Video Link/hearing by TV Link, Inherent Jurisdiction, Section 51 a CPO
Source Language
EN
Criminal Procedure Evidence Bail Constitutional Law Arraignment Absence of Accused Video Link/hearing by TV Link Inherent Jurisdiction +1 more

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Parties

HKSAR

Prosecution

Walsh Kent Andrew

Accused

Procedural Posture

Criminal / Arraignment

Legal Issues

  1. 1 Whether an accused can be validly arraigned in his absence when the prosecution proposes to offer no evidence
  2. 2 Whether counsel may enter a plea of not guilty on behalf of an absent accused
  3. 3 Whether the court may use inherent jurisdiction or video link to conduct arraignment

Ratio Decidendi

The court held that statutory provisions (ss49 and 51A CPO) require the personal physical presence of a natural person accused at arraignment; s51A only applies after an accused has been arraigned in person; no exceptional or extenuating circumstances existed to excuse attendance; accordingly the application to be arraigned in absence or by video link was refused.

Court Disposition

Application refused

Orders

  • Application for arraignment in absence refused
  • Accused must attend for arraignment in person as required by ss49 and 51A CPO