Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Breach of probation procedure
  • 12 Jun 1986

    THE QUEEN v. LEUNG KWAI FUN

    Citation
    THE QUEEN v. LEUNG KWAI FUN
    Court
    Court of First Instance
    Case number
    HCMA344/1986

    It is beyond a magistrate's power to impose as a condition of a probation order that a probation officer provide progress reports to the court; when discharging a probation order for breach and imposing a training centre order the statutory procedure must be followed and the breach proved to the magistrate's satisfaction either by admission or by evidence with opportunity to cross-examine; where these procedures were not followed the Training Centre Order was unlawful and must be quashed.