R. v. TAN SOON GIN, GEORGE

R. v. TAN SOON GIN, GEORGE

Application for permanent stay refused: although substantial delay occurred, the Applicant contributed materially to delay and the prosecution's conduct (including joining co-defendants and evidence-gathering abroad) was justifiable; no evidence of such serious prejudice from delay, publicity or health that a fair trial is impossible; the court's discretion is not engaged to stay in this case.

Citation
R. v. TAN SOON GIN, GEORGE
Parties
Applicant/defendant: George Tan Soon-gin; Respondent/prosecution: The Queen
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
19 March 1996
Case Number
HCCC443/1993
Procedural Posture
Criminal Application for Permanent Stay of Proceedings / Pre Trial (stay Application Hearing)
Outcome
Application for permanent stay of proceedings dismissed/refused
Legal Topics
Abuse of Process, Stay of Proceedings, Delay/prejudice, Pre Trial Publicity, Fitness to Stand Trial/health, Extradition/evidence Gathering, Disclosure, Complex Commercial Fraud
Source Language
EN
Criminal Law Constitutional/human Rights Law Procedural Law Evidence Law Abuse of Process Stay of Proceedings Delay/prejudice Pre Trial Publicity +4 more

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Parties

George Tan Soon-gin

Applicant/defendant

The Queen

Respondent/prosecution

Procedural Posture

Criminal Application for Permanent Stay of Proceedings / Pre Trial (stay Application Hearing)

Legal Issues

  1. 1 Whether delay in bringing the indictment to trial amounts to abuse of process warranting a permanent stay
  2. 2 Whether extensive pre-trial publicity has so prejudiced potential jurors that a fair trial is impossible
  3. 3 Whether the defendant's serious medical condition makes a fair trial impossible or would create unacceptable risk

Ratio Decidendi

Application for permanent stay refused: although substantial delay occurred, the Applicant contributed materially to delay and the prosecution's conduct (including joining co-defendants and evidence-gathering abroad) was justifiable; no evidence of such serious prejudice from delay, publicity or health that a fair trial is impossible; the court's discretion is not engaged to stay in this case.

Court Disposition

Application for permanent stay of proceedings dismissed/refused

Orders

  • Application for permanent stay dismissed