HKSAR v. LAM CHI ON

HKSAR v. LAM CHI ON

The magistrate acted within statutory and common law powers to bind over the acquitted appellant given evidence that she initiated an aggressive confrontation and there was a real apprehension of future breach of the peace; the appeal is dismissed but the certificate of order must be amended to specify the precise terms of the injunction to refrain from provoking and/or engaging in fighting in public.

Citation
HKSAR v. LAM CHI ON
Parties
Respondent: HKSAR; Appellant: Lam Chi On
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
21 April 2004
Case Number
HCMA282/2004
Procedural Posture
Magistracy Appeal (criminal) / High Court (court of First Instance) Appellate Hearing on Appeal From Magistrates' Court
Outcome
Appeal dismissed; certificate of order amended
Legal Topics
Binding Over, Common Assault, Ancillary Jurisdiction, Appeal, Procedural Fairness
Source Language
EN
Criminal Law Criminal Procedure Evidence Binding Over Common Assault Ancillary Jurisdiction Appeal Procedural Fairness

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Parties

HKSAR

Respondent

Lam Chi On

Appellant

Procedural Posture

Magistracy Appeal (criminal) / High Court (court of First Instance) Appellate Hearing on Appeal From Magistrates' Court

Legal Issues

  1. 1 Whether a magistrate has power to order a binding over upon acquittal
  2. 2 Whether the magistrate's factual findings justified a binding over order
  3. 3 Whether the order as framed was too severe or defective in form

Ratio Decidendi

The magistrate acted within statutory and common law powers to bind over the acquitted appellant given evidence that she initiated an aggressive confrontation and there was a real apprehension of future breach of the peace; the appeal is dismissed but the certificate of order must be amended to specify the precise terms of the injunction to refrain from provoking and/or engaging in fighting in public.

Court Disposition

Appeal dismissed; certificate of order amended

Orders

  • Appeal dismissed.
  • Certificate of Order amended to state: It is adjudged that the appellant be bound over in the sum of $1,000 for one year to be of good behaviour and to refrain from provoking and/or engaging in fighting in public.