Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Remand on first appearance

Legal area

Court

12 Oct 1987

ATTORNEY GENERAL v. CHAN CHING TIN

Citation

ATTORNEY GENERAL v. CHAN CHING TIN
Court

Court of First Instance
Case number

HCMA828/1987

The magistrate's categorical rule refusing remands on first appearance was an unreasonable exercise of discretion; remands sought to obtain prosecutorial advice and forensic certificates were legitimate and the striking out orders were set aside; the appeals were allowed and each case remitted for the Crown to elect venue and proceed accordingly.
12 Oct 1987

ATTORNEY GENERAL v. LEE SIU MING

Citation

ATTORNEY GENERAL v. LEE SIU MING
Court

Court of First Instance
Case number

HCMA818/1987

The magistrate's categorical refusal to grant remands on first appearance and striking out of cases for want of prosecution was an unreasonable exercise of discretion; remands to permit the Crown to obtain necessary advice or forensic reports are permissible and the appellate court allowed the Crown's appeals and remitted the cases for proper disposition depending on the Crown's election.