11 Aug 2017
HKSAR v. NGAI HON KWONG
- Citation
- HKSAR v. NGAI HON KWONG
- Court
- Court of First Instance
- Case number
- HCCC78/2016
The section 16 application was dismissed because the court lacked jurisdiction: section 16(1)(b) applies only where an accused has not yet been arraigned on the indictment filed after committal by paper; a prior arraignment on the earlier indictment meant the court could not entertain a section 16 discharge application despite the subsequent quashing of conviction and order for retrial; on the merits the committal documents nonetheless disclosed a prima facie case of murder and manslaughter but jurisdictional bar was decisive.