HKSAR v. CHOW YUEN HAN

HKSAR v. CHOW YUEN HAN

The court declined to determine on appeal the statutory question whether the appellant was entitled to a full transcript under the Magistrates Ordinance; the matter was treated as an administrative refusal that could not be resolved in the appeal hearing and the hearing was adjourned sine die to allow the appellant to pursue appropriate steps to obtain the transcript.

Citation
HKSAR v. CHOW YUEN HAN
Parties
Respondent: HKSAR; Appellant: CHOW YUEN HAN
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
13 December 1999
Case Number
HCMA772/1999
Procedural Posture
Magistracy Appeal (appeal Against Conviction) / Preliminary Matter Heard; Hearing Adjourned Sine Die
Outcome
Hearing adjourned sine die; preliminary issue left undecided
Legal Topics
Right to Transcript, Magistrates Ordinance Part VII, Depositions Definition, Access to Court Records, Judicial Review Vs Appeal
Source Language
EN
Criminal Law Procedural Law Administrative Law Evidence Law Statutory Interpretation Right to Transcript Magistrates Ordinance Part VII Depositions Definition +2 more

Case Brief

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Parties

HKSAR

Respondent

CHOW YUEN HAN

Appellant

Procedural Posture

Magistracy Appeal (appeal Against Conviction) / Preliminary Matter Heard; Hearing Adjourned Sine Die

Legal Issues

  1. 1 Whether appellant is entitled as of right to a full transcript under the Magistrates Ordinance
  2. 2 Whether the term 'depositions' in ss.116–118 of the Ordinance means the transcript of proceedings
  3. 3 Whether the administrative refusal to supply a transcript can be challenged in the appeal forum or requires a different forum

Ratio Decidendi

The court declined to determine on appeal the statutory question whether the appellant was entitled to a full transcript under the Magistrates Ordinance; the matter was treated as an administrative refusal that could not be resolved in the appeal hearing and the hearing was adjourned sine die to allow the appellant to pursue appropriate steps to obtain the transcript.

Court Disposition

Hearing adjourned sine die; preliminary issue left undecided

Orders

  • Hearing of the appeal adjourned sine die
  • No determination made on entitlement to a full transcript under the Magistrates Ordinance