26 Jun 1995
R. v. LEUNG TAK-CHOI
- Citation
- R. v. LEUNG TAK-CHOI
- Court
- Court of First Instance
- Case number
- HCCC457/1994
Section 76(1) of the Criminal Procedure Ordinance is not inconsistent with the Hong Kong Bill of Rights when construed in the context of s.75, the Fourth Schedule and the Mental Health Ordinance; mandatory referral under s.76(1) engages MHO safeguards and review mechanisms, does not constitute arbitrary or inhuman detention, and the court cannot judicially read in a discretion by striking 'shall'; therefore the application for a permanent stay is refused.