R. v. NG MING

R. v. NG MING

The convictions were quashed because the magistrate improperly entered provisional verdicts 'subject to Bill of Rights arguments'—a conviction cannot be rendered subject to further argument—and there was prima facie denial of the appellant's right to secure attendance of defence witnesses where the Immigration Department, knowing of their willingness to stay, repatriated them before trial; failure to procure witness summonses was not gross negligence and the Director could have considered s.13 applications without formal summonses.

Citation
R. v. NG MING
Parties
Respondent: The Queen; Appellant: Ng Ming
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
28 June 1994
Case Number
HCMA1001/1993
Procedural Posture
Criminal Appeal / Appeal Against Conviction and Sentence (appellate Hearing)
Outcome
Appeal allowed; convictions quashed; appeal against sentence allowed; immediate discharge ordered
Legal Topics
Witness Availability, Deportation of Defence Witnesses, Bill of Rights Ordinance Article 11(2)(e), Magistrate Procedure, Witness Summons, Duty Lawyer Scheme Negligence, Section 13 Immigration Ordinance, Section 32(4) Immigration Ordinance
Source Language
EN
Criminal Law Criminal Procedure Immigration Law Human Rights Law Administrative Law Witness Availability Deportation of Defence Witnesses Bill of Rights Ordinance Article 11(2)(e) +5 more

Case Brief

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Parties

The Queen

Respondent

Ng Ming

Appellant

Procedural Posture

Criminal Appeal / Appeal Against Conviction and Sentence (appellate Hearing)

Legal Issues

  1. 1 Whether the magistrate unlawfully entered provisional convictions subject to further argument
  2. 2 Whether deportation of defence witnesses denied the appellant his right to obtain the attendance and examination of witnesses under Hong Kong Bill of Rights Ordinance Art.11(2)(e)
  3. 3 Whether the Crown/Director of Immigration required production of witness summonses before considering temporary permission to remain under s.13 Immigration Ordinance

Ratio Decidendi

The convictions were quashed because the magistrate improperly entered provisional verdicts 'subject to Bill of Rights arguments'—a conviction cannot be rendered subject to further argument—and there was prima facie denial of the appellant's right to secure attendance of defence witnesses where the Immigration Department, knowing of their willingness to stay, repatriated them before trial; failure to procure witness summonses was not gross negligence and the Director could have considered s.13 applications without formal summonses.

Court Disposition

Appeal allowed; convictions quashed; appeal against sentence allowed; immediate discharge ordered

Orders

  • Convictions quashed on grounds that magistrate entered provisional verdicts
  • Appeal against sentence allowed