Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Magistrates' transfer power
  • 1 Jun 2009

    RE CHIANG LILY

    Citation
    RE CHIANG LILY
    Court
    Court of First Instance
    Case number
    HCAL53/2009

    The selection of trial venue is a prosecutorial function under Article 63 of the Basic Law; section 88 of the Magistrates Ordinance is a valid statutory mechanism enabling the Secretary for Justice to effect transfer to the District Court and does not contravene the separation of powers; the applicant failed to show a reasonably arguable case with realistic prospects of success, therefore leave is refused.