4 Jan 1980
TONG PUI-KEUNG v. THE QUEEN
- Citation
- TONG PUI-KEUNG v. THE QUEEN
- Court
- Court of Appeal
- Case number
- CACC1160/1979
The magistrate erred in making a section 45 hospital order without agreed facts or oral evidence satisfying the criminal standard that the accused committed the act; the medical reports asserting fitness to plead did not demonstrate that detention was necessary or expedient and the apparent non-compliance with section 46(3) requires the case to be remitted for further consideration with fresh and fully disclosed medical evidence.