RE HONOUR JUDGE LI

RE HONOUR JUDGE LI

Section 13B of the Criminal Procedure Ordinance does not oust the inherent jurisdiction of the District Court (as a superior court for these purposes under s79) to revoke bail and remand a defendant where there has been an attempt to interfere with the administration of justice; accordingly the District Judge's order revoking bail was lawful and the judicial review application is refused.

Citation
RE HONOUR JUDGE LI
Parties
Applicant/defendant: Applicant (detective constable); Respondent/prosecution: The Crown
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
15 November 1984
Case Number
HCA3063/1984
Procedural Posture
Judicial Review / Originating Motion Challenging District Court Order Revoking Bail; High Court Hearing on Jurisdiction
Outcome
Application refused; District Court order revoking bail affirmed.
Legal Topics
Bail Revocation, Jurisdiction of District Judge Vs Magistrate, Interference With Witnesses, Section 13 B Criminal Procedure Ordinance
Source Language
EN
Criminal Law Procedural Law Judicial Review Bail Law Bail Revocation Jurisdiction of District Judge Vs Magistrate Interference With Witnesses Section 13 B Criminal Procedure Ordinance

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Parties

Applicant (detective constable)

Applicant/defendant

The Crown

Respondent/prosecution

Procedural Posture

Judicial Review / Originating Motion Challenging District Court Order Revoking Bail; High Court Hearing on Jurisdiction

Legal Issues

  1. 1 Whether s13B Criminal Procedure Ordinance requires that a person arrested for breach of bail must be brought before a Magistrate and prevents a District Judge from revoking bail
  2. 2 Whether a District Court judge has inherent jurisdiction to revoke bail to prevent interference with the administration of justice
  3. 3 Whether an implied general bail condition prohibiting interference with witnesses suffices or a specific condition is required

Ratio Decidendi

Section 13B of the Criminal Procedure Ordinance does not oust the inherent jurisdiction of the District Court (as a superior court for these purposes under s79) to revoke bail and remand a defendant where there has been an attempt to interfere with the administration of justice; accordingly the District Judge's order revoking bail was lawful and the judicial review application is refused.

Court Disposition

Application refused; District Court order revoking bail affirmed.

Orders

  • Application dismissed.
  • Order of the District Judge (Judge Li) dated 19 October 1984 revoking bail and remanding the applicant in custody upheld.