Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Prosecution consent

  • 29 Mar 1999

    POON CHAU CHEONG v. SECRETARY FOR JUSTICE

    Citation
    POON CHAU CHEONG v. SECRETARY FOR JUSTICE
    Court
    Court of First Instance
    Case number
    HCAL1/1999

    The court held that s104 of the Magistrates Ordinance authorises a magistrate to re-open and re-hear a case and, in doing so, to exercise the functions of an adjudicating magistrate under ss19 and 27 including allowing an amendment to the information; the amendment substituting a s3 POBO offence was lawful because the information had been originally laid within the relevant period so s31A was not breached and s32 permits conviction of alternative Part II offences without fresh consent; the application for judicial review was dismissed.

  • 15 Mar 1976

    LAU MING-FAT v. THE QUEEN

    Citation
    LAU MING-FAT v. THE QUEEN
    Court
    Court of Appeal
    Case number
    CACC234/1976

    Given the appellants' circumstances (repayment of loans, absence of departmental connection to the lender, long public service, and mitigating reasons for borrowing) and the proper exercise of discretion under the Magistrates Ordinance, the Court allowed the appeals to the extent that convictions should not be recorded in all the listed cases; in Criminal Appeal No.219 the fine was set aside and no conviction recorded, with any paid fine to be returned.