Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Magistrates ordinance s87a
  • 2 Aug 2022

    CHOW HANG TUNG v. SECRETARY FOR JUSTICE

    Citation
    [2022] HKCFI 2225
    Court
    Court of First Instance
    Case number
    HCAL401/2022

    The court held that s87A(2) of the Magistrates Ordinance, read in context and against its legislative history and relevant authorities, imposes a mandatory duty on a magistrate to order that the reporting restrictions in s87A(1) shall not apply upon an application by the accused; the Principal Magistrate lacked jurisdiction to exercise a discretion and his decision refusing to lift the restrictions was ultra vires and was quashed; mandamus was ordered directing the magistrate to make the lifting order when the applicant next appears.