Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Implied ancillary powers

Legal area

Court

17 Jul 2007

HKSAR v. TSE SO SO

Citation

HKSAR v. TSE SO SO
Court

Court of Final Appeal
Case number

FACC1/2007

The Court held that magistrates possess an implied ancillary power to amend informations prior to trial as necessary for the effective exercise of summary jurisdiction; section 27 regulates how an adjudicating magistrate must deal with defects or variances during trial but does not preclude pre-trial amendments by other magistrates, and the pre-trial amendments in this case were valid so the trial was within jurisdiction.
20 Jul 2005

PCCW-HKT TELEPHONE LTD v. THE TELECOMMUNICATIONS AUTHORITY

Citation

PCCW-HKT TELEPHONE LTD v. THE TELECOMMUNICATIONS AUTHORITY
Court

Court of Final Appeal
Case number

FACV14/2004

Section 32N(2) forbids automatic suspension upon lodging an appeal but does not expressly prohibit the Appeal Board from granting discretionary suspensions; no express provision vests or excludes that power; applying the test for implied ancillary powers the Appeal Board requires a discretion to suspend pending appeal as reasonably necessary for effective exercise of its full merits appellate jurisdiction under s.32O(4); accordingly the Appeal Board has a discretion to suspend pending appeal.