Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Transfer of charges

  • 1 Aug 2022

    HKSAR v. CHAN TAI SUM

    Citation
    [2022] HKDC 815
    Court
    District Court
    Case number
    DCCC354/2022

    The sedition offence under s10(1)(a) Crimes Ordinance is a summary offence under s14A Criminal Procedure Ordinance and remains summary after the NSL; however, a magistrate properly exercising the discretion in s88(1)(b) Magistrates Ordinance may transfer summary sedition charges to the District Court together with a properly transferable indictable charge, so the District Court has jurisdiction to hear Charges 2–5.

  • 8 Jul 1977

    RE David LAM SHU TSANG

    Citation
    RE David LAM SHU TSANG
    Court
    Court of First Instance
    Case number
    HCMP242/1977

    Section 88 read with the District Court Ordinance unambiguously permits transfer of indictable charges to the District Court whereupon trial by a single judge replaces jury trial; the magistrate's order was vulnerably made insofar as he failed to recognize discretion regarding a summary offence but the transfer was severable, the Attorney General's exercise of discretion was not shown to be unlawful or unfair on the material before the court, and the procedural irregularity was cured by the opportunity to make representations and available remedies (including nolle prosequi); therefore the ap…