31 Aug 2001
HKSAR v. OI SAN KOK LO OI HO
- Citation
- HKSAR v. OI SAN KOK LO OI HO
- Court
- Court of Appeal
- Case number
- CACC181/2001
Sections 20(1) of the Firearms and Ammunition Ordinance and 38(1)(b) of the Immigration Ordinance do not contain words indicating trial on indictment and impose maximum terms within a magistrate's power; under Magistrates Ordinance s88(1) summary-only offences cannot be validly transferred to the District Court unless accompanied by an indictable offence, so the transfer was null, the District Court lacked jurisdiction, and the convictions and sentences must be quashed with jurisdiction remaining in the Magistrates' Court.