25 Aug 2023
RAMANJIT SINGH v. COMMISSIONER OF CORRECTIONAL SERVICES AND ANOTHER
- Citation
- [2023] HKCFI 1983
- Court
- Court of First Instance
- Case number
- HCAL1064/2023
The magistrate erred in wholly excluding the New Evidence from consideration of the section 5 application because section 12(4)/10(2)(b) permit receiving evidence for section 5 and section 23(4) does not preclude such consideration; however, after receiving and weighing that evidence afresh the court concluded the applicant did not meet the requisite burdens under section 5(1)(c) or (d). The New Evidence did not render the prosecution case worthless nor defeat prima facie sufficiency for committal, and amendments to particulars on remittal were permissible to align charges with the evidence.…