Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Remittal for amendment/restatement
  • 28 May 1974

    THE ATTORNEY GENERAL v. LEUNG CHI KIN

    Citation
    THE ATTORNEY GENERAL v. LEUNG CHI KIN
    Court
    Court of Appeal
    Case number
    CACC119/1974

    The Case as drafted and signed by the magistrate was manifestly deficient (missing material findings, parties' contentions and properly framed questions); under s.109 the appellate court must remit the Case to the magistrate for restatement; parties should attempt to agree a draft and may use s.112 to compel amendment; appeal adjourned and appellant ordered to pay respondent's costs of the adjournment (including fee of not more than one counsel).