5 Dec 2018
HKSAR v. CHEUNG KIN CHUNG
- Citation
- [2018] HKCFI 2642
- Court
- Court of First Instance
- Case number
- HCMA283/2018
The magistrate erred in law by refusing the applications solely because there had been no police investigation and no consent of the Secretary for Justice; private prosecutions can be brought in appropriate cases without those prerequisites, and because the magistrate made no factual findings apart from lack of police report the proper course is to allow the appeals and remit the cases to the magistrate's court for rehearing; the appeal may be allowed in the appellant's absence where notice was properly given.