HKSAR v. CHUNG KIN WING

HKSAR v. CHUNG KIN WING

The magistrate failed to ensure the prosecution had negatived self-defence on the whole of the evidence and impermissibly relied on disbelief of the appellant's testimony to justify a binding-over; that failure created sufficient doubt to set aside the binding-over order, so the appeal is allowed.

Citation
HKSAR v. CHUNG KIN WING
Parties
Respondent: HKSAR; Appellant: CHUNG KIN WING
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
27 March 2001
Case Number
HCMA1324/2000
Procedural Posture
Criminal Appeal (magistracy Appeal) / Judgment on Appeal
Outcome
Appeal allowed; binding-over order set aside.
Legal Topics
Binding Over Under Section 109 I, Self Defence, Magistrate's Findings, Acquittal Consequences
Source Language
EN
Criminal Law Criminal Procedure Appeals Binding Over Under Section 109 I Self Defence Magistrate's Findings Acquittal Consequences

Case Brief

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Parties

HKSAR

Respondent

CHUNG KIN WING

Appellant

Procedural Posture

Criminal Appeal (magistracy Appeal) / Judgment on Appeal

Legal Issues

  1. 1 Whether a magistrate may lawfully bind over an acquitted defendant under section 109I Cap.221 in the circumstances
  2. 2 Whether the prosecution had negatived self-defence on the whole of the evidence so the magistrate could be sure the appellant did not act in self-defence
  3. 3 Whether the magistrate improperly relied on disbelief of the appellant's evidence to justify the binding-over order

Ratio Decidendi

The magistrate failed to ensure the prosecution had negatived self-defence on the whole of the evidence and impermissibly relied on disbelief of the appellant's testimony to justify a binding-over; that failure created sufficient doubt to set aside the binding-over order, so the appeal is allowed.

Court Disposition

Appeal allowed; binding-over order set aside.

Orders

  • Appeal allowed.
  • Binding-over order for 12 months in the sum of $2,000 set aside.