Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Transfer of trial

Legal area

Court

3 May 2013

YEUNG KA SING, CARSON v. SECRETARY FOR JUSTICE

Citation

YEUNG KA SING, CARSON v. SECRETARY FOR JUSTICE
Court

Court of First Instance
Case number

HCAL59/2013

Where an applicant for leave fails to disclose material matters and the application is frivolous and an attempt to delay a criminal trial, the court should exercise its discretion to order the applicant to pay the respondent's costs.
21 Jun 1996

R. v. HO CHIU HUNG

Citation

R. v. HO CHIU HUNG
Court

Court of First Instance
Case number

HCMA359/1996

Given the magistrate's knowledge of the appellant's recent guilty plea admitting knowledge, and that knowledge was the central element of the charges, the magistrate failed to apply the R v Gough 'real danger' test to the relevant circumstances and did not properly consider the possibility of unconscious bias; consequently there was a real danger of bias and the convictions were unsafe and must be quashed and the matter retried before a different magistrate.