27 Sept 1975
TSE HUNG v. THE QUEEN
- Citation
- TSE HUNG v. THE QUEEN
- Court
- Court of Appeal
- Case number
- CACC777/1975
The magistrate applied the wrong subsection of the Magistrates Ordinance; because the appellant had appeared to the summons the correct procedure was under s.18(3) (which allows certification and arrest warrant) and not s.18(1); the procedural error rendered the conviction unsafe and, given the trivial nature of the offence and practical considerations, the appeal is allowed and the conviction quashed.