THE QUEEN v. MAK CHI KIN AND OTHERS

THE QUEEN v. MAK CHI KIN AND OTHERS

The application to prefer an additional/alternative charge after arraignment was allowed because statutory provisions and binding authorities permit amendment of a charge/indictment before or after arraignment provided the amendment does not cause injustice to the accused; the judge was satisfied no injustice would be caused and ordered delivery of the amended charge sheet within the specified short time.

Citation
THE QUEEN v. MAK CHI KIN AND OTHERS
Parties
Prosecution: The Queen; Defendant: Mak Chi Kin; Defendant: Chan Hoi On; Defendant: Armando Da Silva
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
28 November 1973
Case Number
DCCC150/1973
Procedural Posture
Criminal / Application to Prefer Additional/alternative Charge After Arraignment (pre Trial Amendment Application)
Outcome
Crown application allowed to prefer additional/alternative charge and to deliver amended charge sheet out of time; defendants subsequently convicted on the substantive corruption charge and no verdict returned on the alternative charge.
Legal Topics
Amendment of Indictment/charge Sheet, Transfer of Proceedings From Magistrate to District Court, Arraignment and Timing of Amendments, Corruption and Blackmail Charges
Source Language
EN
Criminal Procedure Criminal Law Statutory Interpretation Jurisdiction Amendment of Indictment/charge Sheet Transfer of Proceedings From Magistrate to District Court Arraignment and Timing of Amendments Corruption and Blackmail Charges

Case Brief

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Parties

The Queen

Prosecution

Mak Chi Kin

Defendant

Chan Hoi On

Defendant

Armando Da Silva

Defendant

Procedural Posture

Criminal / Application to Prefer Additional/alternative Charge After Arraignment (pre Trial Amendment Application)

Legal Issues

  1. 1 Whether the District Court may permit the Crown to prefer an additional/alternative charge after arraignment
  2. 2 Whether amendment of a charge sheet/indictment is permissible without causing injustice to the accused
  3. 3 Whether transferred charges permit allegation of offences not included in the transfer order and timing for delivery of amended charge sheet

Ratio Decidendi

The application to prefer an additional/alternative charge after arraignment was allowed because statutory provisions and binding authorities permit amendment of a charge/indictment before or after arraignment provided the amendment does not cause injustice to the accused; the judge was satisfied no injustice would be caused and ordered delivery of the amended charge sheet within the specified short time.

Court Disposition

Crown application allowed to prefer additional/alternative charge and to deliver amended charge sheet out of time; defendants subsequently convicted on the substantive corruption charge and no verdict returned on the alternative charge.

Orders

  • Charge sheet as amended to be delivered to the registrar by 2:30 p.m. on the same day