THE QUEEN v. MOK CHUNG

THE QUEEN v. MOK CHUNG

Because the magistrate's notes did not show compliance with s82(3) (the accused's reply was not shown to have been read back and there was no clear certification tying the magistrate's signature to that requirement), and under the binding Full Court authority in Chan Kam-chau the committal was invalid; accordingly the committal proceedings were declared a nullity and fresh committal was ordered.

Citation
THE QUEEN v. MOK CHUNG
Parties
Crown: THE QUEEN; Defendant: MOK CHUNG
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
9 June 1975
Case Number
HCCC11/1975
Procedural Posture
Criminal (murder) / Appeared for Plea and Committal; Committal Proceedings Heard and Subsequently Declared Invalid; Fresh Committal Ordered
Outcome
Committal proceedings declared invalid (nullity) and fresh committal directed.
Legal Topics
Committal Proceedings, Statutory Compliance, Section 82 Magistrates Ordinance, Nullity of Proceedings, Remand Limits
Source Language
EN
Criminal Procedure Magistrates' Courts Practice Evidence Committal Proceedings Statutory Compliance Section 82 Magistrates Ordinance Nullity of Proceedings Remand Limits

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Parties

THE QUEEN

Crown

MOK CHUNG

Defendant

Procedural Posture

Criminal (murder) / Appeared for Plea and Committal; Committal Proceedings Heard and Subsequently Declared Invalid; Fresh Committal Ordered

Legal Issues

  1. 1 Whether s82(3) of the Magistrates Ordinance was complied with at committal
  2. 2 Whether failure to comply renders committal proceedings void ab initio or merely voidable
  3. 3 Whether statutory remand limits under s79(1) were observed

Ratio Decidendi

Because the magistrate's notes did not show compliance with s82(3) (the accused's reply was not shown to have been read back and there was no clear certification tying the magistrate's signature to that requirement), and under the binding Full Court authority in Chan Kam-chau the committal was invalid; accordingly the committal proceedings were declared a nullity and fresh committal was ordered.

Court Disposition

Committal proceedings declared invalid (nullity) and fresh committal directed.

Orders

  • Committal proceedings under HCCC000011/1975 declared a nullity.
  • Fresh committal proceedings to be held forthwith.