Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Discretion of magistrates

Legal area

Court

12 Oct 1987

ATTORNEY GENERAL v. CHOY YU HING

Citation

ATTORNEY GENERAL v. CHOY YU HING
Court

Court of First Instance
Case number

HCMA822/1987

The learned magistrate's policy of as a general rule refusing remands on first appearance unless the Crown took a plea, transferred the case or fixed committal proceedings was an unreasonable exercise of discretion; remands to allow the Crown to obtain legal advice as to venue or Government Chemist certificates are permissible; the orders striking out were set aside and the cases remitted for proper handling according to the Crown's election.
22 Jan 1975

ATTORNEY GENERAL v. CHAU YUEN

Citation

ATTORNEY GENERAL v. CHAU YUEN
Court

Court of Appeal
Case number

CAAR1/1975

A police supervision order should not be added to an order of detention in a Detention Centre where the convicted person is not shown to be peculiarly liable to further offending (for example by repeated convictions) and where police supervision was made without police involvement; the magistrate erred in principle in making such an order in this case and the police supervision element is set aside.