Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Stated case
  • 20 Jul 1988

    ATTORNEY GENERAL v. CHONG YUEN WAH

    Citation
    ATTORNEY GENERAL v. CHONG YUEN WAH
    Court
    Court of First Instance
    Case number
    HCMA1050/1987

    Where an offence is indictable and not being dealt with summarily the magistrate had no power under section 20 (a provision in the Part of the Ordinance dealing with summary offences) to order costs on adjournment; accordingly the costs order in favour of To Fuk Ming quashed. Separately, where a charge is a summary offence (unlawful pawning) the magistrate could have validly ordered costs under section 20, and the costs order in respect of Chong Yuen Wah is valid insofar as it relates to that summary charge.