SIU HAI KA AND OTHERS v. R.

SIU HAI KA AND OTHERS v. R.

Following the Privy Council decision in A.G. v. Lee Kwong-kut [1993] AC 951 that s.30 of the Summary Offences Ordinance was repealed by the Bill of Rights Ordinance, convictions under s.30 entered after the Bill of Rights Ordinance came into force are invalid; therefore the Court quashes those convictions and sets...

Source-derived case information.

Citation
SIU HAI KA AND OTHERS v. R.
Parties
Prosecution: The Queen; Accused: Chu Cheuk Hong; Accused: Siu Hai Ka and Others
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
7 December 1994
Case Number
HCMA1256/1994
Procedural Posture
Criminal Reference / Magistracy Appeal / Court of Appeal Judgment
Outcome
Convictions quashed and sentences set aside
Legal Topics
Bill of Rights Ordinance, Repeal of Statutory Provision, Summary Offences, Quashing of Convictions, Setting Aside Sentences
Source Language
en
Constitutional Law Criminal Law Bill of Rights Ordinance Repeal of Statutory Provision Summary Offences Quashing of Convictions Setting Aside Sentences

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Parties

The Queen

Prosecution

Chu Cheuk Hong

Accused

Siu Hai Ka and Others

Accused

Procedural Posture

Criminal Reference / Magistracy Appeal / Court of Appeal Judgment

Legal Issues

  1. 1 Whether section 30 of the Summary Offences Ordinance (Cap 228) was repealed by the Bill of Rights Ordinance (Cap 383)
  2. 2 Whether convictions recorded under s.30 after the Bill of Rights Ordinance came into force are valid
  3. 3 Remedy to be afforded where the underlying statutory offence has been held to have been repealed

Ratio Decidendi

Following the Privy Council decision in A.G. v. Lee Kwong-kut [1993] AC 951 that s.30 of the Summary Offences Ordinance was repealed by the Bill of Rights Ordinance, convictions under s.30 entered after the Bill of Rights Ordinance came into force are invalid; therefore the Court quashes those convictions and sets aside the sentences.

Court Disposition

Convictions quashed and sentences set aside

Orders

  • Quash the conviction recorded against each of the persons named in the two References
  • Set aside each sentence imposed in respect of those convictions