Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Discharge under section 16 criminal procedure ordinance

Legal area

Court

17 Sept 2014

SECRETARY FOR JUSTICE v. NG SIU LUN

Citation

SECRETARY FOR JUSTICE v. NG SIU LUN
Court

Court of Appeal
Case number

CACC304/2013

The judge erred by applying the wrong test and by assessing evidence and credibility at the discharge stage; on the evidence disclosed (false identity, untrue statements, different signature, avoidance of CCTV, instruction and reward to deliver, and high value of cocaine) a prima facie case of knowledge was established and the discharge was quashed; a trial was ordered and a warrant for arrest issued.
5 May 1995

R. v. CHEUNG WAI KWONG and Another

Citation

R. v. CHEUNG WAI KWONG and Another
Court

Court of Appeal
Case number

CACC546/1994

The Court held that the evidence before the magistrate/judge was sufficient to establish a prima facie case on the manufacturing count and that the second count should be amended by deleting the words 'did an act preparatory to or'; accordingly the earlier discharge was improper, the acquittals were quashed and the respondents were ordered to be tried on the amended indictment, with costs awarded and a publication ban imposed.