Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Magistrates appeals
  • 29 Dec 1988

    FAI MA TRADING CO LTD v. L S LAI, INDUSTRY OFFICER

    Citation
    FAI MA TRADING CO LTD v. L S LAI, INDUSTRY OFFICER
    Court
    Court of First Instance
    Case number
    HCMA516/1987

    All three referred questions answered in the negative: defects in the informations were not cured by the magistrate's verdict; a judge hearing a magistrates' appeal under s119(1)(d) cannot amend informations so as to uphold convictions unless he first reverses the magistrate and directs a de novo hearing of the amended informations by a magistrate; the judge has no residual 'proviso' power to dismiss appeals despite defective informations where that would amount to upholding a conviction on an untried charge.