Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Warrants of committal

Legal area

Court

1 Nov 1969

RE HO KIN WAH

Citation

RE HO KIN WAH
Court

Court of First Instance
Case number

HCMP163/1969

The court held that the committals must be supported only in respect of the second charge: the Crown's failure to prove the Governor's authority and the statutory arrangements before the magistrate was cured by affidavits called by the Full Court under section 8(4); the first charge did not constitute a "relevant offence" under section 3(1)(c) and therefore could not support committal; the documentary evidence admitted was properly authenticated and admissible and did not render the committals unsafe; warrants contained amendable defects which the court ordered corrected.
1 Nov 1969

RE HO CHUN WAH

Citation

RE HO CHUN WAH
Court

Court of First Instance
Case number

HCMP164/1969

The court may call and receive additional evidence to cure jurisdictional lacunae; once the necessary affidavits and authenticated foreign material established jurisdiction and a prima facie case, the committals were lawful as to the second charge which constituted a 'relevant offence', but the first charge did not fall within the Order and therefore committals could not be supported on that charge; procedural deficiencies in notice or hearsay in documents did not, on the evidence as a whole, vitiate the committals for the second charge.