11 Sept 1978
ATTORNEY GENERAL v. CHUNG YIM-FAI
- Citation
- ATTORNEY GENERAL v. CHUNG YIM-FAI
- Court
- Court of Appeal
- Case number
- CACC757/1978
The magistrate was wrong to require evidence of risk to public order to sustain a conviction under section 33(1); he also had no jurisdiction under section 27(1) to amend the information in a way that would usurp the Attorney General's exclusive discretion to prefer charges; accordingly the conviction under the Summary Offences Ordinance was quashed and the magistrate should record conviction for the offence originally charged under section 33(1).