2 Jul 1982
ATTORNEY GENERAL v. CHAN SHUI-LEUNG
- Citation
- ATTORNEY GENERAL v. CHAN SHUI-LEUNG
- Court
- Court of Appeal
- Case number
- CACC470/1982
A magistrate is not entitled to decline to proceed on a charge proved before him on the ground that a different statute would have been more appropriate; prosecutorial discretion to select charges is for the Attorney General alone; under s.33(1) Public Order Ordinance proof that an article is suitable for causing injury suffices and intention to use it need not be proven, though intention is relevant to lawful authority or reasonable excuse; on the proved facts the magistrate erred in dismissing the charge.