Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

S.83f criminal procedure ordinance
  • 7 Nov 1986

    THE QUEEN v. YEUNG KUEN CHI

    Citation
    THE QUEEN v. YEUNG KUEN CHI
    Court
    Court of Appeal
    Case number
    CACC82/1986

    An order by the Court of Appeal for a retrial, even when expressed generally, implicitly and bindingly directs that a fresh indictment be preferred charging the same counts as those determined in the appellant's favour; an Attorney General's addition of counts not within that implicit direction does not automatically vitiate the trial where the Crown proceeds only on the counts determined by the Court of Appeal. Caning imposed by reference to acts of rape but attached to a robbery conviction was unlawful because the Corporal Punishment Ordinance does not permit caning for rape; the caning was…