6 Apr 2000
HKSAR v. NGAI KA TAK
- Citation
- HKSAR v. NGAI KA TAK
- Court
- Court of Appeal
- Case number
- CACC52/2000
The convictions in the six appeals under Cap.528 s.118(1) were quashed because s.118(1) creates summary offences only and no provision allowed indictable trial; transfers to the District Court were therefore void for want of jurisdiction under the Magistrates Ordinance and District Court Ordinance, rendering the convictions a nullity. Leave was granted where necessary to entertain appeals out of time and abandonments were treated as nullities in specified cases; leave was refused in two cases where offences were properly indictable under the old Cap.39 s.5(1).