Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Magistrates ordinance s88

Legal area

Court

16 Jul 1985

ATTORNEY GENERAL v. B. R. PATERSON-TODD ESQ. PERMANENT MAGISTRATE

Citation

ATTORNEY GENERAL v. B. R. PATERSON-TODD ESQ. PERMANENT MAGISTRATE
Court

Court of First Instance
Case number

HCMP1563/1985

Section 88 of the Magistrates Ordinance, read in its plain mandatory terms, permits the Attorney-General to apply at any time up to the Magistrate's announcement of decision and, when such an application is made in due form for an indictable offence not excluded by the schedule, the Magistrate is obliged to transfer the matter to the District Court; post-decision the Magistrate is functus officio and cannot entertain such an application.
8 Jul 1977

RE CLIFFORD WONG CHUN FAI

Citation

RE CLIFFORD WONG CHUN FAI
Court

Court of First Instance
Case number

HCMP276/1977

The magistrate erred in treating section 88 as mandatory in relation to a summary offence and therefore failed to appreciate his discretion as to that charge, but the transfer order is severable and the applicants failed to show the Attorney General exercised his discretion unfairly; accordingly the applications for certiorari are dismissed with costs.