9 Sept 1988
THE QUEEN v. FUNG KAM WA
- Citation
- THE QUEEN v. FUNG KAM WA
- Court
- Court of First Instance
- Case number
- HCMA608/1988
Conviction quashed because the magistrate failed to explain the statutory presumption under s.29(6)(a)(ii), a material irregularity that could have affected the appellant's decision to give evidence; given the defective nature of the charge and the unfairness of subjecting the defendant to a retrial on that basis, the court exercised its discretion to quash the conviction and set aside consequential orders rather than order a retrial.