Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Justices of the peace act 1361

Legal area

Court

27 Apr 1984

TSE WAI PIU AND ANOTHER v. ATTORNEY GENERAL

Citation

TSE WAI PIU AND ANOTHER v. ATTORNEY GENERAL
Court

Court of First Instance
Case number

HCMA189/1984

There was no evidence of a likelihood of future breach of the peace and the appellants were not given an opportunity to be heard; therefore the magistrate's binding-over order was unjustified and was quashed.
18 Jan 1983

CHAN KUEN-MING v. THE QUEEN

Citation

CHAN KUEN-MING v. THE QUEEN
Court

Court of Appeal
Case number

CACC1065/1982

The conditional discharge under section 36(1)(b) was quashed because the magistrate had found the charge not proved and therefore lacked the proper basis to make that order; no substitute binding over order was made because the statutory preconditions for section 61 were not met and the magistrate had not formed the requisite tentative view that a future breach of the peace was likely under the 1361 Act.