17 Feb 2009
HKSAR v. TSANG YAU CHOO
- Citation
- HKSAR v. TSANG YAU CHOO
- Court
- Court of First Instance
- Case number
- HCMA774/2008
There was no evidence before the magistrate to justify a finding of inducement; the magistrate therefore erred in finding there was no case to answer and in acquitting the respondent. However, because of excessive delay, staleness of evidence, the limited gravity of the offence and the magistrate's role in raising the point, justice does not require remittal for retrial; the acquittal is set aside but a retrial is declined.