Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Magistrate conduct and impartiality

Legal area

Court

8 Mar 2007

HKSAR v. LEUNG KWOK HUNG AND OTHERS

Citation

HKSAR v. LEUNG KWOK HUNG AND OTHERS
Court

Court of Final Appeal
Case number

FAMC10/2007

Leave to appeal was refused because the High Court judge's quashing of the convictions, based on the magistrate's conduct which lost the appearance of impartiality and created a real danger of influencing the convictions, involved no arguable departure from accepted norms and rendered referral of the prosecution's points of law unnecessary.
9 Dec 1988

THE ATTORNEY GENERAL v. WONG CHI FAI AND ANOTHER

Citation

THE ATTORNEY GENERAL v. WONG CHI FAI AND ANOTHER
Court

Court of First Instance
Case number

HCMA1166/1988

The High Court held the magistrate erred by indicating an intention to rule "no case" and threatening costs before the Crown had completed presenting its evidence, which was a procedural irregularity depriving the Crown of a fair hearing; accordingly the appeal was allowed, the magistrate's orders were set aside, but a retrial was refused after balancing public interest and prejudice to respondents.