Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Fugitive offenders order

  • 1 Nov 1969

    RE HO KIN MAN

    Citation
    RE HO KIN MAN
    Court
    Court of First Instance
    Case number
    HCMP162/1969

    The Full Court held that the magistrate's committals were supportable only in respect of the second charge: deficiencies in evidence before the magistrate concerning authority to proceed and the statutory arrangement were cured by affidavits filed to this court under s8(4), the first charge did not constitute a "relevant offence" under the Order and therefore committal on that charge could not be supported, and the documentary evidence admitted by the magistrate (though containing some hearsay and procedural irregularities) was properly admitted and produced a prima facie case as to the secon…

  • 1 Nov 1969

    RE HO CHUN WAH

    Citation
    RE HO CHUN WAH
    Court
    Court of First Instance
    Case number
    HCMP164/1969

    The court may call and receive additional evidence to cure jurisdictional lacunae; once the necessary affidavits and authenticated foreign material established jurisdiction and a prima facie case, the committals were lawful as to the second charge which constituted a 'relevant offence', but the first charge did not fall within the Order and therefore committals could not be supported on that charge; procedural deficiencies in notice or hearsay in documents did not, on the evidence as a whole, vitiate the committals for the second charge.