Hong Kong Case Law

14 Mar 1975

OR CHUNG-YAN v. THE QUEEN

Citation

OR CHUNG-YAN v. THE QUEEN

Court

Court of Appeal

Case number

CACC964/1973

The appeal was allowed because the trial judge repeatedly took over and conducted extensive cross-examination, creating the appearance of partiality; the trial was not conducted with manifest impartiality and the irregularity was not one the court could disregard using the proviso.

• Judicial questioning of witnesses
• Judicial impartiality and bias
• Right to a fair trial
• Use of proviso on appeal