HKSAR v. WALSH KENT ANDREW

HKSAR v. WALSH KENT ANDREW

The court held that s49(1) CPO does not empower the court to dispense with the accused's personal attendance at arraignment and that the Live Television Link rules apply only to witnesses; accordingly arraignment without attendance or by television link is not permitted and the defence proposals were refused.

Citation
HKSAR v. WALSH KENT ANDREW
Parties
Prosecution: HKSAR; Defendant: Walsh Kent Andrew
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
15 December 2017
Case Number
HCCC368/2015
Procedural Posture
Criminal / Ruling on Personal Attendance and Arraignment
Outcome
Application to arraign the defendant in his absence or by television link refused; defendant must attend for arraignment
Legal Topics
Arraignment, Absence of Accused, Television Link, Live Evidence Rules (witnesses Outside Hong Kong), Termination of Prosecution, Bail
Source Language
EN
Criminal Law Criminal Procedure Evidence International Judicial Cooperation Arraignment Absence of Accused Television Link Live Evidence Rules (witnesses Outside Hong Kong) +2 more

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Parties

HKSAR

Prosecution

Walsh Kent Andrew

Defendant

Procedural Posture

Criminal / Ruling on Personal Attendance and Arraignment

Legal Issues

  1. 1 Whether an accused resident overseas can be arraigned in absence
  2. 2 Whether section 49(1) CPO permits arraignment without personal attendance
  3. 3 Whether a television link may be used for arraignment

Ratio Decidendi

The court held that s49(1) CPO does not empower the court to dispense with the accused's personal attendance at arraignment and that the Live Television Link rules apply only to witnesses; accordingly arraignment without attendance or by television link is not permitted and the defence proposals were refused.

Court Disposition

Application to arraign the defendant in his absence or by television link refused; defendant must attend for arraignment

Orders

  • Application to arraign defendant without his attendance or by television link refused
  • Arraignment to proceed only with defendant personally present in accordance with applicable law and rules