Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Quashing indictment
  • 1 Dec 2022

    HKSAR v. LCMB

    Citation
    [2022] HKCFI 3302
    Court
    Court of First Instance
    Case number
    HCCC8/2022

    The defects alleged (missing magistrate‑signed list and certain transmission formalities) were procedural and not fatal; the materials had been considered by the magistrate and exist or can be produced, so the committal was not a nullity; the defendant failed to prove on balance of probabilities that continuation would make a fair trial impossible or constitute an abuse of process; accordingly the indictment is not quashed and no stay is warranted.