20 Dec 1993
THE QUEEN v. WONG KEI HUNG AND ANOTHER
- Citation
- THE QUEEN v. WONG KEI HUNG AND ANOTHER
- Court
- Court of First Instance
- Case number
- HCMA576/1993
The Court held that for the 1st appellant there was a material variance between the complaint (alleging forged trademarks) and the evidence (showing genuine trademarks with non-genuine components); the Magistrate erred in allowing amendment after the prosecution case because the injustice (wasted costs plainly exceeding the magistrate's s.27(3)(d) limit of $5,000) could not be cured by the limited costs power, and accordingly the convictions and fines of the 1st appellant were set aside. For the 2nd appellant the omission was a non-material defect and the amendment was valid; his conviction a…