Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Summary committal
  • 10 Nov 2017

    RE MAHESH J ROY

    Citation
    RE MAHESH J ROY
    Court
    Court of Appeal
    Case number
    CACV226/2015

    Appeal allowed and conviction set aside because the presiding officer failed to provide sufficient particulars of the charge, failed to hear and consider the live defence of lack of wilfulness and the appellant's apology, and failed to give reasoned findings; these procedural defects rendered the summary process unfair and unsafe. The Court held that presiding officers may hear interruption contempt but must afford minimum fair process and give reasons. Costs of the appeal were ordered against the Secretary for Justice.