Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Presumption of evidence
  • 17 Jul 1990

    THE QUEEN v. WONG LAP KWONG

    Citation
    THE QUEEN v. WONG LAP KWONG
    Court
    Court of First Instance
    Case number
    HCMA420/1990

    When counts properly joined include some whose proof is aided by statutory presumptions and others whose proof is not, the magistrate must inquire of the defence whether a joint trial would prejudice or embarrass the accused; failure to make that inquiry and to exercise the proviso discretion invalidates the joint hearing, justifying quashing of convictions and remittance for retrial.