7 Apr 1994
R. v. CHEUNG WAI-WAN
- Citation
- R. v. CHEUNG WAI-WAN
- Court
- Court of First Instance
- Case number
- HCMA167/1994
The prosecution failed to adduce evidence establishing that at the time of arrest PW1 reasonably suspected the appellant of an offence within s50(1)(a) Police Force Ordinance; absent proof of a lawful arrest the officers could not be shown to have been acting in execution of their duty for the purpose of s63, so the conviction could not stand and must be quashed; a de novo trial was refused because the prosecutorial shortcomings caused the irregularity and it would be unfair to require the appellant to undergo a retrial.