Hong Kong Case Law: Decisions & Judgments

Topic

Double jeopardy (autrefois acquit)

Legal area

Court

11 Aug 2006

YEUNG CHUN PONG AND OTHERS v. SECRETARY FOR JUSTICE

Citation

YEUNG CHUN PONG AND OTHERS v. SECRETARY FOR JUSTICE
Court

Court of First Instance
Case number

HCAL123/2005

Autrefois acquit was not made out because the Macau offence of commutation and the Hong Kong offence of conspiracy differ in essential elements (commutation requires executional acts whereas conspiracy requires only agreement) and the Hong Kong charge related to a different bank account and time period; therefore the plea fails and no stay for abuse of process is warranted.
15 Mar 2005

YEUNG CHUN PONG AND OTHERS v. SECRETARY FOR JUSTICE

Citation

YEUNG CHUN PONG AND OTHERS v. SECRETARY FOR JUSTICE
Court

Court of First Instance
Case number

HCAL22/2005

A committing magistrate in domestic committal proceedings has jurisdiction to consider a plea of autrefois acquit as part of his implied power to prevent abuse of process; the magistrate in the Eastern Magistracy wrongly declined jurisdiction and must consider the autrefois pleas of Yeung, Tse May Wah and Chik, while Tse Kwai Ching lacks locus and her application is dismissed.
8 Jul 1974

RE YUIN KWEI SANG

Citation

RE YUIN KWEI SANG
Court

Court of First Instance
Case number

HCMP145/1974

The magistrate in the later proceedings had jurisdiction and new evidence sufficient to establish a prima facie case; this Court will not reassess the weight of that evidence and a prior discharge for insufficiency of committal evidence does not bar subsequent committal proceedings when new evidence is available, therefore the habeas corpus application must be dismissed.

Hong Kong Case Law

YEUNG CHUN PONG AND OTHERS v. SECRETARY FOR JUSTICE

YEUNG CHUN PONG AND OTHERS v. SECRETARY FOR JUSTICE

RE YUIN KWEI SANG