3 May 1996
R. v. LAM YIH JIUN MICHAEL
- Citation
- R. v. LAM YIH JIUN MICHAEL
- Court
- Court of First Instance
- Case number
- HCMA791/1995
The magistrate who conducted the trial was entitled to deal summarily with a sworn witness under s.21(4) and common‑law contempt powers; the evidence showed the appellant wilfully refused to answer and gave no particularised evidence of duress or threats; the appellant bore the burden to prove just excuse on the balance of probabilities while the magistrate had to be satisfied beyond reasonable doubt that none existed; accordingly the conviction was upheld and the custodial sentence of six weeks was legitimate though suspended for one year in the exercise of discretion.