17 May 2000
POON CHAU CHEONG v. SECRETARY FOR JUSTICE
- Citation
- POON CHAU CHEONG v. SECRETARY FOR JUSTICE
- Court
- Court of Final Appeal
- Case number
- FACC7/1999
On a s.104 review a magistrate has the power under s.27 to amend an information by substituting a lesser offence provided the substituted offence arises from the same or substantially the same facts and would not have been time‑barred when the prosecution was commenced; such an amendment is treated retrospectively to the start of the prosecution and is permissible where it causes no injustice. Appeal dismissed.