24 Feb 1998
HKSAR v. HUI TSANG CHI
- Citation
- HKSAR v. HUI TSANG CHI
- Court
- Court of First Instance
- Case number
- HCMA810/1997
The appeal is allowed because the Magistrate failed to make the required findings identifying the factual basis and legal elements (particularly whether the defendant engaged in bookmaking as a principal in the course of a trade or business and what parts, if any, of the cautioned statement were relied upon); the appellate court cannot make primary findings and must remit the matter to the Magistrate to state findings and announce whether a conviction is entered and on what basis.