21 May 2012
HKSAR v. CHAN CHUN CHUEN
- Citation
- HKSAR v. CHAN CHUN CHUEN
- Court
- Magistrates' Courts
- Case number
- ESCC2233/2011
The magistrate declined to hear the stay application because the alleged prejudice concerns unfairness in the use of evidence at trial, which falls outside the limited categories of abuses of the Magistrates Court process that examining magistrates should decide; an examining magistrate does not have a statutory or implied power to exclude otherwise admissible evidence under section 81A in preliminary inquiry and, even if some limited discretion exists, the preferable approach is to leave determinations about admissibility and exclusion to the trial judge.