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Public Order Ordinance, Cap. 245
15.
In R v YU Chi-lun (KT 5373/91) Mag. Saunders held that section 33 Public Order Ordinance. (Possession of offence weapon in public place without lawful authority or reasonable excuse) is not inconsistent with Articles
11(1) and 11(2)(g).
16.
In R
February 1992, the
challenge to S.33
(negative averments).
LAU Po-tung (CA 375/91), listed for 7 Court of Appeal will consider a BOR
and s.94A Criminal Procedure Ordinance
Bail
17.
(11.7.91),
Relying on Judge Sears' ruling in MP No. 1703/91 the BOR is increasingly raised in applications for bail pending trial. Sears J refers to a "presumption" in favour of bail and seems to indicate the Crown must rebut this by
evidence (oral or affidavit). The attitude of judges varies enormously as to their approach on these issues. It has not been the practice to adduce evidence in bail hearings previously and some judges take the view that that is still the case. Others are being persuaded to demand affidavits/evidence and some, bail applications are beginning to resemble "mini-trials". This is a disturbing development given the extra work generated and the very short notice of such applications given to the Crown. There is no doubt that at least some (probably a majority) of judges more readily grant bail after the enactment of
the BOR.
Pre-trial delay as a basis for stay of proceedings
18.
44/91)
On 8 January 1992 in R V WONG Chiu-yuen (STDC
DJ Caird permanently stayed theft/deception charges
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