11 Sept 2024
Because the appellant admitted receipt of the tickets, the statute mandates imposition of the fixed penalty and an additional penalty equal to the fixed penalty; the only judicial discretion concerns court costs within the statutory range, and the imposed HK$440 is within that range, so there is no basis to interfere with the magistrate's orders; appeal dismissed.
21 Oct 2021
Magistrate accepted the evidence the defendant was genuinely semi-conscious and incapable of comprehending requests at the material time, and concluded that on the evidence there remained a reasonable possibility the defendant could not form the requisite mental element for Charge 1; further, the court found the reversal of pleas to Charges 2 and 3 was properly allowed because defence counsel openly admitted he had induced the guilty pleas by erroneous advice, creating a real risk of miscarriage of justice. The prosecution's review applications were therefore dismissed.
18 Oct 2012
Given the magistrate's adverse credibility findings, the evidence that a related notice had been received at the same address within weeks, and the statutory presumption of service under IGC Ordinance s8, the only reasonable inference was that the notice to pay was delivered; the magistrate did not err in dismissing the review and the appeal fails.
21 Oct 1999
The material before the Magistrate lacked necessary elements (no mention of the relationship between appellant and alleged victim put to her and no clear admission of assault by throwing a fork) and therefore did not justify a conclusion that there was a risk of a breach of the peace; accordingly the binding-over order was set aside.
19 Dec 1979
Because the statutory power to review under s104 must be exercised within 14 clear days and the Crown's review application was made after that period, the magistrate's order reversing his earlier refusal to grant an adjournment and reopening the case was unlawful; certiorari and prohibition were therefore granted to quash that decision and to prevent rehearing.