Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

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  • 14 Feb 1995

    ATTORNEY GENERAL v. TANG YUEN LIN

    Citation
    ATTORNEY GENERAL v. TANG YUEN LIN
    Court
    Court of First Instance
    Case number
    HCMA1300/1994

    A summons served in a language the defendant does not understand is not automatically a nullity; the deficiency can be cured if, within a reasonable time, full particulars are given in a language the defendant understands (including oral explanation by a magistrate or other authorized person) and the defendant is afforded an opportunity to prepare his defence; absent demonstrated prejudice, the later explanation cured the defect in this case, so the magistrate erred in dismissing the information.