香港特別行政區 訴 張建忠

香港特別行政區 訴 張建忠

The magistrate lawfully exercised discretion under Cap.227 s8(1B)(b) by considering the complaints and concluding there were good reasons to refuse summonses because the allegations did not disclose offences and lacked substantive evidence (claims were speculative, evidence inconsistent or absent); there was no...

Source-derived case information.

Citation
香港特別行政區 訴 張建忠
Parties
Respondent: Hong Kong Special Administrative Region; Appellant: Cheung Kin-chung (張建忠)
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
7 August 2012
Case Number
HCMA780/2011
Procedural Posture
Criminal Appeal Against Magistrate's Refusal to Issue Summons (private Prosecution Application) / Appeal Heard and Determined in High Court (judgment on Appeal)
Outcome
Appeal dismissed
Legal Topics
Issuance of Summons, Private Prosecution, Obstruction of Justice, Evidence Sufficiency, Judicial Bias, Fair Trial (hong Kong Bill of Rights)
Source Language
ch
Criminal Law Criminal Procedure Administrative Law Human Rights Law Issuance of Summons Private Prosecution Obstruction of Justice Evidence Sufficiency +2 more

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Parties

Hong Kong Special Administrative Region

Respondent

Cheung Kin-chung (張建忠)

Appellant

Procedural Posture

Criminal Appeal Against Magistrate's Refusal to Issue Summons (private Prosecution Application) / Appeal Heard and Determined in High Court (judgment on Appeal)

  1. 1 Whether the magistrate erred in law or fact in refusing to issue summons under Magistrates Ordinance (Cap.227) s8(1) and s8(1B)(b)
  2. 2 Whether the complaints as drafted disclosed offences and contained the necessary elements
  3. 3 Whether the magistrate failed to consider or improperly excluded evidence submitted by the appellant (including audiovisual discs)

Ratio Decidendi

The magistrate lawfully exercised discretion under Cap.227 s8(1B)(b) by considering the complaints and concluding there were good reasons to refuse summonses because the allegations did not disclose offences and lacked substantive evidence (claims were speculative, evidence inconsistent or absent); there was no demonstrable bias and the magistrate had adequately considered the materials and assisted the appellant, therefore the appeals are dismissed.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed