Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Appeal powers

  • 17 May 2000

    LAM SIU TAI v. THE COMMISSIONER OF CORRECTIONAL SERVICES AND ANOTHER

    Citation
    LAM SIU TAI v. THE COMMISSIONER OF CORRECTIONAL SERVICES AND ANOTHER
    Court
    Court of Appeal
    Case number
    CACV25/2000

    The Court held that 'any other punishment which could have been awarded in the first instance' in r.255F(c) is limited to the punishments which could have been awarded by the person who actually decided the case in the first instance; because the Superintendent actually decided the punishment here, the Commissioner and the Chief Executive's delegate exceeded their jurisdiction in increasing the fine beyond the Superintendent's maximum (one day's pay), so the higher punishments were correctly quashed.

  • 28 Sept 1971

    CHAN KAM CHAU AND ANOTHER v. THE QUEEN

    Citation
    CHAN KAM CHAU AND ANOTHER v. THE QUEEN
    Court
    Court of Appeal
    Case number
    CACC273/1971

    The Full Court held that failure to comply with the mandatory, peremptory requirements of Magistrates Ordinance s.81B(3), specifically the requirement to record that the offence and its legal ingredients were explained to the accused, rendered the committal and consequent sentencing proceedings null and void; the Full Court has jurisdiction to declare those proceedings void and to remand the accused to the magistrate to be dealt with according to law.