31 Jul 2020
HKSAR v. CHEUNG KIN CHUNG
- Citation
- [2020] HKCFI 1238
- Court
- Court of First Instance
- Case number
- HCMA193/2019
The magistrate lawfully exercised her s.8 discretion to refuse to issue private summonses because the informations and subsequent submissions contained only bare allegations and no material prima facie evidence of the essential ingredients of the alleged offences; Article 10's guarantee of a public hearing does not apply to a magistrate's pre‑summons refusal; ss.21 and 22 cannot be invoked to compel production of CCTV prior to the institution of proceedings; service by notice‑board posting under s.115(4)(c) was valid in the circumstances; accordingly the appeals are dismissed.