Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Summary versus indictable offences

  • 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.

  • 6 Apr 2000

    HKSAR v. NGAI KA TAK

    Citation
    HKSAR v. NGAI KA TAK
    Court
    Court of Appeal
    Case number
    CACC52/2000

    The convictions in the six appeals under Cap.528 s.118(1) were quashed because s.118(1) creates summary offences only and no provision allowed indictable trial; transfers to the District Court were therefore void for want of jurisdiction under the Magistrates Ordinance and District Court Ordinance, rendering the convictions a nullity. Leave was granted where necessary to entertain appeals out of time and abandonments were treated as nullities in specified cases; leave was refused in two cases where offences were properly indictable under the old Cap.39 s.5(1).