Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Breathalyser
  • 18 Feb 2003

    HKSAR v. POON CHI WING

    Citation
    HKSAR v. POON CHI WING
    Court
    Court of First Instance
    Case number
    HCMA584/2002

    The appeal was allowed because a material irregularity occurred: the appellant was effectively compelled to accept the prosecution expert's statement read under section 65B because the magistrate remanded him in custody for the adjournment period. That coercion undermined the fairness of the trial; the expert should have been called and, therefore, the conviction and sentence were quashed and a retrial ordered.