THE QUEEN v. NG YUK YING

THE QUEEN v. NG YUK YING

Section 19(2) of the Magistrates Ordinance gives the defendant a statutory right to make a closing speech whether or not represented; the appellant was not afforded that right and the denial amounted to an infringement warranting quashing of the conviction and refunding of the fine.

Citation
THE QUEEN v. NG YUK YING
Parties
Appellant/defendant: NG Yuk-ying; Respondent/crown: The Queen
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
18 August 1987
Case Number
HCMA625/1987
Procedural Posture
Magistracy Criminal Appeal / Appeal Against Conviction
Outcome
Appeal allowed; conviction quashed; fine refunded if paid
Legal Topics
Right to Make Closing Speech, Section 19(2) Magistrates Ordinance, Fair Trial, Procedural Fairness, Conviction Quashed
Source Language
EN
Criminal Law Procedure Magistrates' Court Appellate Review Statutory Interpretation Right to Make Closing Speech Section 19(2) Magistrates Ordinance Fair Trial +2 more

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Parties

NG Yuk-ying

Appellant/defendant

The Queen

Respondent/crown

Procedural Posture

Magistracy Criminal Appeal / Appeal Against Conviction

Legal Issues

  1. 1 Whether section 19(2) of the Magistrates Ordinance confers a statutory right on a defendant to make a closing speech
  2. 2 Whether failure to afford a closing speech renders the trial unfair and justifies quashing the conviction
  3. 3 Whether admissions during cross-examination or defence counsel's failure to object operate as waiver of the right to a closing speech

Ratio Decidendi

Section 19(2) of the Magistrates Ordinance gives the defendant a statutory right to make a closing speech whether or not represented; the appellant was not afforded that right and the denial amounted to an infringement warranting quashing of the conviction and refunding of the fine.

Court Disposition

Appeal allowed; conviction quashed; fine refunded if paid

Orders

  • Allow the appeal
  • Quash the conviction