HKSAR v. LEUNG KA CHING

HKSAR v. LEUNG KA CHING

Conviction under s.99 was quashed because the magistrate failed to state particulars and did not afford the appellant an opportunity to explain or be heard before summary conviction, thereby vitiating the conviction.

Source-derived case information.

Citation
HKSAR v. LEUNG KA CHING
Parties
Respondent: HKSAR; Appellant: LEUNG KA CHING
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
12 August 1997
Case Number
HCMA279/1997
Procedural Posture
Magistracy Appeal (criminal) / Judgment on Appeal
Outcome
Appeal allowed; conviction quashed; fine to be refunded.
Legal Topics
Summary Conviction, Right to Be Heard, Insulting Behaviour Under Statute, Particulars of Charge
Source Language
en
Criminal Law Contempt of Court Procedural Fairness Magistrates' Powers Summary Conviction Right to Be Heard Insulting Behaviour Under Statute Particulars of Charge

Source-derived case record

Summary, issues, holding and outcome

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Parties

HKSAR

Respondent

LEUNG KA CHING

Appellant

Procedural Posture

Magistracy Appeal (criminal) / Judgment on Appeal

Legal Issues

  1. 1 Whether summary conviction under s.99 Magistrates Ordinance required the magistrate to give particulars and afford opportunity to be heard before convicting
  2. 2 Whether chewing gum constituted insulting behaviour in the magistrate's presence
  3. 3 Whether failure to give particulars and opportunity vitiates a s.99 conviction

Ratio Decidendi

Conviction under s.99 was quashed because the magistrate failed to state particulars and did not afford the appellant an opportunity to explain or be heard before summary conviction, thereby vitiating the conviction.

Court Disposition

Appeal allowed; conviction quashed; fine to be refunded.

Orders

  • Appeal allowed
  • Conviction quashed