Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Remittal for resentencing
  • 8 Oct 1985

    THE QUEEN v. KWAN CHUNG-YIK

    Citation
    THE QUEEN v. KWAN CHUNG-YIK
    Court
    Court of First Instance
    Case number
    HCMA838/1985

    Because a reasonable and fair-minded person, knowing that the same Magistrate had convicted the appellant only days earlier, might suspect prejudice and that a fair trial was not possible, the convictions of 24 May were quashed and a trial de novo ordered before a different Magistrate; the sentence of 16 May was set aside and remitted for resentencing by a different Magistrate with directions to use the original notes and obtain a fresh probation report.