Hong Kong Case Law: Decisions & Judgments

Topic

Amendment of charge under magistrates ordinance s27

Legal area

Court

18 Jul 2023

HKSAR v. NG CHIU MAN (吳釗民)

Citation

[2023] HKCFA 18
Court

Court of Final Appeal
Case number

FAMC58/2022

The Court held the charge was defective in alleging that the accused said a policy was a "prerequisite", but the evidence established deceit by falsely linking policy purchase to account opening; the charge should and could have been amended without causing injustice; there was no arguable substantial and grave injustice to justify leave, so the application for leave was dismissed.
21 Nov 2008

HKSAR v. YUNG CHI TUNG

Citation

HKSAR v. YUNG CHI TUNG
Court

Court of First Instance
Case number

HCMA296/2008

Appeal allowed because the magistrate accepted the co-defendant's account that he did not fight while convicting the appellant for fighting; that factual inconsistency meant the charge of fighting was not properly established and the magistrate should have considered amending the charge under s27 to reflect a one-sided assault, so the conviction could not stand and was quashed.
22 Sept 2005

HKSAR v. KAMFAITH INDUSTRIAL LTD

Citation

HKSAR v. KAMFAITH INDUSTRIAL LTD
Court

Court of First Instance
Case number

HCMA580/2005

Appeal dismissed: the court found a valid consent to prosecute was produced, the magistrate's interventions were legitimate and did not deny a fair trial, the amendments were non‑material and did not prejudice the defence, the magistrate properly accepted PW1's credibility and the defence failed to discharge its evidential burden, and the costs order was justified by the defence conduct.
31 May 2002

HKSAR v. ADEOLA AREMU GEORGE

Citation

HKSAR v. ADEOLA AREMU GEORGE
Court

Court of First Instance
Case number

HCMA182/2002

Conviction was unsafe because the magistrate convicted the appellant on a factual basis (shoplifting from the Prada shop) different from the charge particularisation (theft by finding on Des Voeux Road) without amending the charge or giving the defence opportunity to meet the alternative case; section 27 required amendment procedures where necessary and section 23(1) does not render all place variances immaterial; accordingly the appeal is allowed and the conviction and sentence set aside.

Hong Kong Case Law

HKSAR v. NG CHIU MAN (吳釗民)

HKSAR v. YUNG CHI TUNG

HKSAR v. KAMFAITH INDUSTRIAL LTD

HKSAR v. ADEOLA AREMU GEORGE