Hong Kong Case Law: Decisions & Judgments

Topic

Autrefois plea

Legal area

Court

13 Nov 2006

YEUNG CHUN PONG AND OTHERS v. SECRETARY FOR JUSTICE

Citation

YEUNG CHUN PONG AND OTHERS v. SECRETARY FOR JUSTICE
Court

Court of Final Appeal
Case number

FACC3/2006

Examining magistrates possess an implied power to stay proceedings to prevent abuse of their own process but, as a matter of policy and practicality, that power should not be exercised to determine autrefois issues in committal proceedings; autrefois pleas should generally be determined at trial or by the High Court in its supervisory jurisdiction; accordingly the appeal is dismissed.
24 Nov 2005

YEUNG CHUN PONG v. SECRETARY FOR JUSTICE

Citation

YEUNG CHUN PONG v. SECRETARY FOR JUSTICE
Court

Court of Appeal
Case number

CACV102/2005

The Court held the matter arose in a criminal cause or matter so the criminal jurisdiction of the Court of Appeal was engaged; accordingly the Court certified two questions under s32 of the Court of Final Appeal Ordinance for determination by the Court of Final Appeal, namely whether magistrates have jurisdiction in committal proceedings to entertain autrefois/double jeopardy pleas (a question the Court had earlier concluded magistrates did not have jurisdiction to decide).
22 Jul 2005

YEUNG CHUN PONG AND ANOTHER v. SECRETARY FOR JUSTICE

Citation

YEUNG CHUN PONG AND ANOTHER v. SECRETARY FOR JUSTICE
Court

Court of Appeal
Case number

CACV102/2005

The Court of Appeal held the mandamus was improperly granted because a committing magistrate does not have a general jurisdiction to determine an autrefois or extended autrefois plea in committal proceedings except in narrow cases where the abuse directly affects fairness of the committal; Article 11(6) does not require committal determination of such pleas (and does not apply to foreign convictions), and pleas can be raised at trial or before the High Court in supervisory proceedings; accordingly the mandamus was set aside and costs ordered nisi.

Hong Kong Case Law

YEUNG CHUN PONG AND OTHERS v. SECRETARY FOR JUSTICE

YEUNG CHUN PONG v. SECRETARY FOR JUSTICE

YEUNG CHUN PONG AND ANOTHER v. SECRETARY FOR JUSTICE