7 Nov 1977
DAVID LAM SHU-TSANG v. ATTORNEY GENERAL
- Citation
- DAVID LAM SHU-TSANG v. ATTORNEY GENERAL
- Court
- Court of Appeal
- Case number
- CACV42/1977
The statutory scheme comprising Magistrates' Ordinance ss.88-90 and the District Court Ordinance (notably s.6) must be read together and, by necessary implication, transferred indictable offences are to be tried in the District Court by a judge sitting alone; s.88 places a mandatory duty on the magistrate to transfer on the Attorney General's application and thereby abrogates the common law right to jury trial for transferred indictable offences; the Attorney General's exercise of that statutory discretion will only be set aside if unlawful or tainted by improper considerations; the Full Benc…