22 Jul 2005
YEUNG CHUN PONG AND ANOTHER v. SECRETARY FOR JUSTICE
- Citation
- YEUNG CHUN PONG AND ANOTHER v. SECRETARY FOR JUSTICE
- Court
- Court of Appeal
- Case number
- CACV102/2005
The Court of Appeal held the mandamus was improperly granted because a committing magistrate does not have a general jurisdiction to determine an autrefois or extended autrefois plea in committal proceedings except in narrow cases where the abuse directly affects fairness of the committal; Article 11(6) does not require committal determination of such pleas (and does not apply to foreign convictions), and pleas can be raised at trial or before the High Court in supervisory proceedings; accordingly the mandamus was set aside and costs ordered nisi.