Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Compellability of spouse
  • 4 Aug 2000

    HKSAR v. BIBI NUSRAT

    Citation
    HKSAR v. BIBI NUSRAT
    Court
    Court of First Instance
    Case number
    HCMA352/2000

    The conviction was quashed because the magistrate failed to advise the spouse witness of his right not to be compellable, creating a material trial irregularity and potential prejudice that required setting aside the conviction and sentence; no retrial was requested by the prosecution.