Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Presence of accused
  • 27 Mar 1981

    THE QUEEN v. CHU MIU-TAK AND ANOTHER

    Citation
    THE QUEEN v. CHU MIU-TAK AND ANOTHER
    Court
    District Court
    Case number
    DCCC229/1980

    Hong Kong courts possess the common‑law discretion to continue a trial in the absence of a defendant who has voluntarily and deliberately absconded while on bail; on the facts the 1st defendant here deliberately absconded after all prosecution evidence was adduced and after electing not to give evidence, and in the interests of justice the trial should continue; if the defendant later shows his absence was involuntary he may seek relief on that basis (including appeal).