Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Consent to prosecute by attorney general
  • 12 May 1988

    ATTORNEY GENERAL v. WONG CHI MING AND OTHERS

    Citation
    ATTORNEY GENERAL v. WONG CHI MING AND OTHERS
    Court
    Court of First Instance
    Case number
    HCMA140/1988

    The High Court held that s.33(5) of the Public Order Ordinance must be construed to allow arrests, the issue of warrants and the remand in custody or on bail by a court even where the Attorney General's consent to prosecute has not yet been obtained, so that the Attorney General can be given reasonable time to consider consent; the Principal Magistrate erred in striking out prosecutions and in refusing adjournments and remands in the circumstances; the orders refusing adjournment and striking out the prosecutions were set aside and the cases remitted to the Principal Magistrate to be dealt wi…