16 Nov 1998
THE SECRETARY FOR JUSTICE v. CHAN HUNG YIP AND OTHERS
- Citation
- THE SECRETARY FOR JUSTICE v. CHAN HUNG YIP AND OTHERS
- Court
- Court of First Instance
- Case number
- HCAL85/1998
In a trial before a judge alone, prosecutorial comment on an accused's failure to give evidence does not automatically mandate a retrial; where the judge expressly states she can disregard the comment and there is no real risk of injustice or appearance of injustice, the correct remedy is to quash the order for retrial and, where appropriate, order the judge to continue hearing the case rather than require a new trial.