Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Magistrate's duty to test disputed facts
  • 21 May 1980

    TANG HO CHEUNG v. THE QUEEN

    Citation
    TANG HO CHEUNG v. THE QUEEN
    Court
    Court of Appeal
    Case number
    CACC343/1980

    Because the allegation of a weapon was not proved and the magistrate failed to invite the prosecution to lead evidence when the appellant disputed that part of the facts, the denial had to be accepted; given appellant's remorse, rehabilitation prospects, prior time served and medical unfitness for detention, a probation order was the appropriate disposal instead of a Training Centre order.

    • Robbery
    • Use of weapon
    • Plea of guilty procedure
    • Magistrate's duty to test disputed facts
    • Probation order
    • Detention order