Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Magistrates ordinance s.104

Legal area

Court

27 Jul 1977

YUK MAU-KAM v. THE QUEEN

Citation

YUK MAU-KAM v. THE QUEEN
Court

Court of Appeal
Case number

CACC666/1977

The conviction was quashed because the information was duplicitous, the magistrate improperly invoked s.104 to order a rehearing, and it would be improper to amend the information at this appellate stage without affording the protections required by s.27; accordingly the conviction was unsafe and must be set aside.
1 Jun 1976

CHIU CHUN CHUEN v. THE QUEEN

Citation

CHIU CHUN CHUEN v. THE QUEEN
Court

Court of Appeal
Case number

CACC415/1976

The magistrate did not abuse his discretion in ordering a trial de novo because the established errors were procedural (admission or unclear ruling on a confession and failure to disclose reliance on books under s.38) which justified a fresh hearing; the appellant's admission that he was a member was insufficient alone to prove membership but could support a conviction for claiming membership; appeal dismissed and order for retrial upheld.