Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Magistrates' record-keeping

  • 9 Dec 1977

    LAM CHAU-KWAI AND OTHERS v. THE QUEEN

    Citation
    LAM CHAU-KWAI AND OTHERS v. THE QUEEN
    Court
    Court of Appeal
    Case number
    CACC1237/1977

    The appellate court reduced the fines imposed by the magistrate as excessive in the circumstances and set aside the order of forfeiture insofar as cash and certain valuable items (notably two refrigerators) were concerned because the magistrates' record and factual basis were insufficient to support forfeiture; accordingly fines were reduced to specified amounts, balances paid were ordered returned, and the two refrigerators (Item No.22) were ordered returned.

  • 30 Jan 1970

    NG KAI v. THE QUEEN

    Citation
    NG KAI v. THE QUEEN
    Court
    Court of Appeal
    Case number
    CACC792/1969

    Appeal allowed and conviction quashed because the magistrate, when recording conviction, had in part relied on a cautioned statement he earlier ruled inadmissible; an appellate court could not conclude that that wrongful reliance did not affect his decision, and the identification evidence was otherwise unsafe (poor lighting, no identification parade, unexplained post-incident sightings).