3 Oct 2016
HKSAR v. POON KWOK KIT
- Citation
- HKSAR v. POON KWOK KIT
- Court
- Court of First Instance
- Case number
- HCMA111/2016
The amended charges were fatally duplicitous because each count encompassed distinct incidents occurring some 14 hours apart; this created unfairness by failing to identify the particular act relied upon for conviction. The magistrate should have raised the duplicity and the appellate court will not cure the defect by exercising s119 in a manner contrary to the rule on fairness; accordingly the appeal is allowed on that ground.