19 Dec 2003
LAU WAI WO v. HKSAR
- Citation
- LAU WAI WO v. HKSAR
- Court
- Court of Final Appeal
- Case number
- FACC5/2003
The Court held that although a magistrate has power under s.109I to make a bind-over order without prior consent to the order itself, the recognizance must be entered voluntarily or enforced; and in this case the bind-over was quashed because the magistrate failed to give prior notice or opportunity to be heard, failed to inquire into means before fixing the sum, and the wording of the order lacked the requisite legal certainty (was too general and did not specify prohibited conduct).