Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Attorney general consent to prosecution

Legal area

Court

12 May 1988

ATTORNEY GENERAL v. WONG CHI MING AND OTHERS

Citation

ATTORNEY GENERAL v. WONG CHI MING AND OTHERS
Court

Court of First Instance
Case number

HCMA141/1988

Section 33(5) of the Public Order Ordinance must be read to permit arrest and judicial remand (in custody or on bail) pending the Attorney General's decision; the Magistrate erred in striking out the prosecutions and in refusing adjournments because she failed to exercise her discretion judicially; the High Court sets aside those orders and remits the cases to the Principal Magistrate to deal with each according to law.
15 Mar 1976

YEUNG PING-KWONG v. THE QUEEN

Citation

YEUNG PING-KWONG v. THE QUEEN
Court

Court of Appeal
Case number

CACC232/1976

Given the factual matrix — loans from a departmental colleague, personal necessity, prompt repayment in most cases, lack of departmental connection to lender and the potential disproportionate collateral consequences of recorded convictions — the Court exercised its appellate discretion to allow the appeals in part by directing that convictions not be recorded (and in No.219 to set aside the fine and order its return if paid).