Hong Kong Case Law: Decisions & Judgments

Topic

Magistrate's powers

Legal area

Court

9 Dec 2009

HKSAR v. NGAI KING YING

Citation

HKSAR v. NGAI KING YING
Court

Court of First Instance
Case number

HCMA684/2009

The conviction was upheld because the Magistrate's findings that the prosecution had adduced ample evidence and that the prosecution witnesses were honest and reliable were reasonable and supported by exhibits (floor plan and photographs); there was no basis to conclude a misdirection or misunderstanding of the shop layout and no lingering doubt arising from medication or layout; sentencing is adjourned and a probation report ordered under s.119(1)(d) Magistrates Ordinance Cap.227 to assist sentencing.
25 Jul 2002

HKSAR v. GIBSON SHAW

Citation

HKSAR v. GIBSON SHAW
Court

Court of First Instance
Case number

HCMA355/2002

There was no failure to appear or lateness; the statutory test for wasted costs under Cap 492 s.2 was not met and the magistrate therefore had no power under s.18 to order wasted costs, so the appeal is allowed and the costs order set aside.
12 Oct 1992

RE SUTHIPONG SMITTACHARTCH AND ANOTHES

Citation

RE SUTHIPONG SMITTACHARTCH AND ANOTHES
Court

Court of First Instance
Case number

HCMP1119/1992

The magistrate had no power to order overseas deponents to be brought to Hong Kong for cross-examination; authenticated depositions from overseas may be used without cross-examination in extradition proceedings; the Bill of Rights did not alter that position or confer the contested rights in the context of extradition; no stay was granted because no s.77E application had been made and the applicant had had ample opportunity to apply.
19 May 1977

YUK MAU-KAM v. THE QUEEN

Citation

YUK MAU-KAM v. THE QUEEN
Court

Court of Appeal
Case number

CACC409/1977

The magistrate acted without jurisdiction in ordering a new trial under section 104 because there was no prior decision to review; the magistrate should have ruled on the submission of no case to answer; the appropriate remedy is to allow the appeal and remit the case to the trial magistrate to rule on the no‑case submission.
11 Jun 1971

THE ATTORNEY GENERAL v. HO YUEN-KWONG

Citation

THE ATTORNEY GENERAL v. HO YUEN-KWONG
Court

Court of Appeal
Case number

CACC677/1970

The magistrate had statutory power under s.23(2) of the Magistrates Ordinance to adjourn on terms that included ordering the Crown to pay costs of the adjournment, but s.69(1) imposes a maximum award of $500; accordingly the magistrate's $600 order must be reduced to $500.

Hong Kong Case Law

HKSAR v. NGAI KING YING

HKSAR v. GIBSON SHAW

RE SUTHIPONG SMITTACHARTCH AND ANOTHES

YUK MAU-KAM v. THE QUEEN

THE ATTORNEY GENERAL v. HO YUEN-KWONG