24 Jul 2013
The appeal is dismissed because the magistrate gave clear, adequate reasons demonstrating good cause to refuse the issuance of summons under Cap.227 s8(1B)(b), and no reasonable fair-minded and informed observer would apprehend bias; therefore there was no breach of the Bill of Rights or denial of a fair hearing.
11 Apr 2013
The magistrate's refusal to issue summonses was correct because the evidence was insufficient to infer that the second assault was intended to deter the applicant from being a witness (required for attempt to pervert the course of justice), and the security guard's mere failure to prevent the assault did not constitute assistance, encouragement or procurement absent evidence of knowledge, intent and positive acts; the statutory definition of 'security work' does not itself create criminal liability for omissions.