Hong Kong Case Law: Decisions & Judgments

Topic

Government chemist certificate

Legal area

Court

18 Apr 1989

THE QUEEN v. YIP WAI POR

Citation

THE QUEEN v. YIP WAI POR
Court

Court of Appeal
Case number

CACC502/1988

Leave to appeal was refused because section 25 made the Government Chemist's certificate prima facie evidence, the chemist was entitled to rely on work performed under his supervision, and no specific evidence was produced to show that the chemist's reliance or the control sample was unreliable; accordingly the trial judge was entitled to accept the chemist's evidence and to convict.
12 Oct 1987

ATTORNEY GENERAL v. CHAN CHING TIN

Citation

ATTORNEY GENERAL v. CHAN CHING TIN
Court

Court of First Instance
Case number

HCMA828/1987

The magistrate's categorical rule refusing remands on first appearance was an unreasonable exercise of discretion; remands sought to obtain prosecutorial advice and forensic certificates were legitimate and the striking out orders were set aside; the appeals were allowed and each case remitted for the Crown to elect venue and proceed accordingly.
12 Oct 1987

ATTORNEY GENERAL v. TRAN CHANH

Citation

ATTORNEY GENERAL v. TRAN CHANH
Court

Court of First Instance
Case number

HCMA825/1987

A magistrate is not entitled to adopt a general rule refusing remands on first appearance; remand is a discretionary power which the Crown may seek to enable it to obtain legal advice on venue or forensic reports such as Government Chemist certificates, and striking out for want of prosecution under these circumstances was an unreasonable exercise of discretion. The appeals are allowed and the cases must be remitted for further proceedings depending on the Crown's election as to venue.
12 Oct 1987

ATTORNEY GENERAL v. LEE SIU MING

Citation

ATTORNEY GENERAL v. LEE SIU MING
Court

Court of First Instance
Case number

HCMA818/1987

The magistrate's categorical refusal to grant remands on first appearance and striking out of cases for want of prosecution was an unreasonable exercise of discretion; remands to permit the Crown to obtain necessary advice or forensic reports are permissible and the appellate court allowed the Crown's appeals and remitted the cases for proper disposition depending on the Crown's election.
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.
12 Oct 1987

ATTORNEY GENERAL v. CHAN CHUN KWAI

Citation

ATTORNEY GENERAL v. CHAN CHUN KWAI
Court

Court of First Instance
Case number

HCMA827/1987

The magistrate's general rule refusing remands on first appearance was an unreasonable exercise of discretion because it ignored legitimate prosecutorial requirements (selection of trial venue and obtaining chemist reports) often not possible before first appearance; accordingly the magistrate's strike-out orders were set aside and the cases remitted for proper handling depending on the Crown's election as to venue.
12 Oct 1987

ATTORNEY GENERAL v. YAU CHI KANG

Citation

ATTORNEY GENERAL v. YAU CHI KANG
Court

Court of First Instance
Case number

HCMA830/1987

A categorical refusal by a magistrate to grant remands on an accused's first appearance so that the Crown may obtain legal advice or forensic reports is an unreasonable exercise of discretion; remands are permissible where necessary for prosecutorial election or to obtain Government Chemist certificates, and interference with remand discretion is warranted only where it is unreasonable — accordingly the striking out orders were set aside and the cases remitted for proper procedure depending on the Crown's election.
12 Oct 1987

ATTORNEY GENERAL v. TSA LAI SHING

Citation

ATTORNEY GENERAL v. TSA LAI SHING
Court

Court of First Instance
Case number

HCMA817/1987

A magistrate is not entitled to adopt a blanket rule refusing remands on first appearance; remands may properly be granted to allow the Crown to obtain legal advice, Government Chemist certificates and to elect venue; the learned magistrate's general refusal was unreasonable, so the striking out orders were set aside and the cases remitted for further proceedings depending on the Crown's election.
12 Oct 1987

ATTORNEY GENERAL v. YIP LAI KING AND ANOTHER

Citation

ATTORNEY GENERAL v. YIP LAI KING AND ANOTHER
Court

Court of First Instance
Case number

HCMA831/1987

The magistrate erred in adopting a general rule refusing remands on first appearance; remands sought to enable the Crown to obtain legal advice as to venue or Government Chemist certificates are lawful and reasonable in ordinary circumstances; striking out the cases for want of prosecution in those circumstances was an unreasonable exercise of discretion and must be set aside; the matters should be remitted for Crown election and further disposal accordingly.
12 Oct 1987

ATTORNEY GENERAL v. WONG YIK CHUN

Citation

ATTORNEY GENERAL v. WONG YIK CHUN
Court

Court of First Instance
Case number

HCMA821/1987

A magistrate may not adopt a categorical rule refusing remands on first appearance; remand discretion must account for legitimate prosecutorial needs (including obtaining legal advice, chemist certificates and determining venue) and refusing remands as a general rule was unreasonable; the striking out orders were therefore set aside and cases remitted for the Crown's election.