HKSAR v. MAK WAN LING

HKSAR v. MAK WAN LING

Amendment of the indictment was permitted because the proposed particulars accorded with evidence already adduced at the first trial and did not change the prosecution's underlying case or require additional evidence; the amendments were necessary to reflect the case the defendant must meet and would not cause injustice or unfair prejudice under s23 CPO.

Citation
[2020] HKCFI 2424
Parties
Prosecution: HKSAR; Defendant: Mak Wan-ling
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
17 September 2020
Case Number
HCCC437/2015
Procedural Posture
Criminal Manslaughter / Pre Trial Amendment Application Prior to Retrial
Outcome
Application granted
Legal Topics
Amendment of Indictment, Gross Negligence Manslaughter, Informed Consent, Experimental Medical Treatment, Section 23 Criminal Procedure Ordinance, Retrial
Source Language
EN
Criminal Law Procedural Law Medical Negligence Amendment of Indictment Gross Negligence Manslaughter Informed Consent Experimental Medical Treatment Section 23 Criminal Procedure Ordinance +1 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 15 Party arguments 2
Sign in to unlock

Parties

HKSAR

Prosecution

Mak Wan-ling

Defendant

Procedural Posture

Criminal Manslaughter / Pre Trial Amendment Application Prior to Retrial

Legal Issues

  1. 1 Whether the indictment may be amended under s23 CPO to add particulars
  2. 2 Whether the proposed amendments amount to impermissible reconstruction or patching-up of the prosecution case
  3. 3 Whether permitting the amendments would cause injustice or unfair prejudice to the defendant

Ratio Decidendi

Amendment of the indictment was permitted because the proposed particulars accorded with evidence already adduced at the first trial and did not change the prosecution's underlying case or require additional evidence; the amendments were necessary to reflect the case the defendant must meet and would not cause injustice or unfair prejudice under s23 CPO.

Court Disposition

Application granted

Orders

  • Indictment amended in accordance with the 2nd proposed amendments
  • Reporting prohibition: publication in any form of any report of the proceedings concerning the amendments of the indictment is prohibited until the conclusion of the trial or until further order