ATTORNEY GENERAL v. LEE SIU MING

ATTORNEY GENERAL v. LEE SIU MING

The magistrate's categorical refusal to grant remands on first appearance and striking out of cases for want of prosecution was an unreasonable exercise of discretion; remands to permit the Crown to obtain necessary advice or forensic reports are permissible and the appellate court allowed the Crown's appeals and remitted the cases for proper disposition depending on the Crown's election.

Citation
ATTORNEY GENERAL v. LEE SIU MING
Parties
Appellant/prosecution: The Attorney General; Respondent/accused: TSA Lai-shing; Respondent/accused: LEE Siu-ming; Respondent/accused: TSUI Yip-kei; Respondent/accused: LUONG Thich-xueng; Respondent/accused: LEE Man-kit; Respondent/accused: WONG Yau-ming; Respondent/accused: LI King-man; Respondent/accused: CHAN Ka-kui; Respondent/accused: KO Shum-yin; Respondent/accused: WONG Yik-chun; Respondent/accused: CHOY Yu-hing; Respondent/accused: CHEUNG Kam-shing; Respondent/accused: CHAN Wai-pang; Respondent/accused: TRAN Chanh; Respondent/accused: CHAN Chun-kwai; Respondent/accused: CHAN Ching-tin; Respondent/accused: YAU Chi-keung; Respondent/accused: YAU Chi-kang; Respondent/accused: YIP Lai-king; Respondent/accused: YIP Nui
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
12 October 1987
Case Number
HCMA818/1987
Procedural Posture
Criminal Appeal by Way of Case Stated / High Court Appellate Judgment on Remand Discretion (appeal Allowed)
Outcome
Appeals allowed; orders striking out quashed; cases remitted to the San Po Kong Magistracy for further handling depending on the Crown's election as to venue.
Legal Topics
Remand on First Appearance, Magistrate's Discretion, Venue of Trial, Committal Proceedings, Government Chemist Certificate, Section 52 Police Force Ordinance, Section 79 Magistrates Ordinance
Source Language
EN
Criminal Law Criminal Procedure Administrative Law Remand on First Appearance Magistrate's Discretion Venue of Trial Committal Proceedings Government Chemist Certificate +2 more

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Parties

The Attorney General

Appellant/prosecution

TSA Lai-shing

Respondent/accused

LEE Siu-ming

Respondent/accused

TSUI Yip-kei

Respondent/accused

LUONG Thich-xueng

Respondent/accused

LEE Man-kit

Respondent/accused

WONG Yau-ming

Respondent/accused

LI King-man

Respondent/accused

CHAN Ka-kui

Respondent/accused

KO Shum-yin

Respondent/accused

WONG Yik-chun

Respondent/accused

CHOY Yu-hing

Respondent/accused

CHEUNG Kam-shing

Respondent/accused

CHAN Wai-pang

Respondent/accused

TRAN Chanh

Respondent/accused

CHAN Chun-kwai

Respondent/accused

CHAN Ching-tin

Respondent/accused

YAU Chi-keung

Respondent/accused

YAU Chi-kang

Respondent/accused

YIP Lai-king

Respondent/accused

YIP Nui

Respondent/accused

Procedural Posture

Criminal Appeal by Way of Case Stated / High Court Appellate Judgment on Remand Discretion (appeal Allowed)

Legal Issues

  1. 1 Whether a magistrate may as a general rule refuse remand applications on an accused's first appearance and strike out for want of prosecution
  2. 2 Whether remand on first appearance is permissible to allow the Crown to obtain advice on venue or obtain Government Chemist certificates
  3. 3 Whether the magistrate's blanket refusal to remand was an unreasonable exercise of discretion

Ratio Decidendi

The magistrate's categorical refusal to grant remands on first appearance and striking out of cases for want of prosecution was an unreasonable exercise of discretion; remands to permit the Crown to obtain necessary advice or forensic reports are permissible and the appellate court allowed the Crown's appeals and remitted the cases for proper disposition depending on the Crown's election.

Court Disposition

Appeals allowed; orders striking out quashed; cases remitted to the San Po Kong Magistracy for further handling depending on the Crown's election as to venue.

Orders

  • Appeals by way of case stated allowed
  • Orders striking out for want of prosecution quashed