THE QUEEN v. ROBERT ELI LOW

THE QUEEN v. ROBERT ELI LOW

A written document signed by the declarant without any oral declaration before the authorised officer does not amount to a statutory declaration within the meaning of s.36 Crimes Ordinance; therefore the conviction based on that document could not stand.

Citation
THE QUEEN v. ROBERT ELI LOW
Parties
Respondent: THE QUEEN; Appellant: ROBERT ELI LOW
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
27 November 1996
Case Number
HCMA1180/1996
Procedural Posture
Criminal Appeal / Appeal Judgment
Outcome
Appeal allowed; conviction quashed
Legal Topics
Statutory Declaration Formalities, Section 36 Crimes Ordinance, Oaths and Declarations Ordinance Cap.11, Rehabilitation of Offenders Ordinance
Source Language
EN
Criminal Law Statutory Declarations Evidence Statutory Interpretation Statutory Declaration Formalities Section 36 Crimes Ordinance Oaths and Declarations Ordinance Cap.11 Rehabilitation of Offenders Ordinance

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Parties

THE QUEEN

Respondent

ROBERT ELI LOW

Appellant

Procedural Posture

Criminal Appeal / Appeal Judgment

Legal Issues

  1. 1 Whether a signed written form without an oral declaration constitutes a statutory declaration for the purposes of s.36 Crimes Ordinance
  2. 2 Whether defects and omissions in the statutory form required by the First Schedule to Cap.11 are fatal
  3. 3 Whether the appellant's answers fell within protection of the Rehabilitation of Offenders Ordinance or otherwise excused false answers

Ratio Decidendi

A written document signed by the declarant without any oral declaration before the authorised officer does not amount to a statutory declaration within the meaning of s.36 Crimes Ordinance; therefore the conviction based on that document could not stand.

Court Disposition

Appeal allowed; conviction quashed

Orders

  • Appeal allowed
  • Conviction quashed