9 Mar 1994
Where a conviction is quashed as a nullity for lack of required consent the Court of Appeal nevertheless has jurisdiction under the Criminal Procedure Ordinance (ss.82, 83 and 83E) to order a retrial on a fresh indictment, subject to the court's discretion and the requirement that proper consent be obtained before fresh proceedings are presented.
7 Sept 1993
The Court held that the Governor's written consent was a necessary prerequisite to instituting prosecutions under section 37C because the Territorial Waters Jurisdiction Act 1878 applied to Hong Kong (and its relevant policy/content was transposed into local law by section 23C of the Crimes Ordinance 1990); Part VIIA and the Attorney General's consent under section 37L did not negate the separate diplomatic/policy consent requirement of the Governor; the Governor's assent to the amending Ordinance did not delegate his separate statutory powers; absent the Governor's consent the proceedings we…