7 Aug 2003
HKSAR v. ZHANG BING XIAO YUAN, ROBIN
- Citation
- HKSAR v. ZHANG BING XIAO YUAN, ROBIN
- Court
- Court of First Instance
- Case number
- HCMA643/2003
An acquitted defendant need not consent to a binding over, but procedural fairness requires the court to give the defendant an opportunity to make submissions either directly or through counsel before imposing such an order; because in this case the appellant's instructions were not obtained and he was deprived of that opportunity before the decision was effectively taken, the binding over was procedurally invalid and was set aside.