QUESTION
Question No. 2
(Written Reply)
Hon Martin LEE, QC, JP
Why has the Government taken so long in proposing amendments
to Section 27 of the Magistrates Ordinance, Cap. 227, when
there has long been agreement between The Hong Kong Bar
Association, The Law Society of Hong Kong, and the Hong Kong
Magistrates Association on the undesirability and unfairness
in enjoinining a magistrate to amend a defective complaint,
information or summons as opposed to giving him a discretion
to do so in the interest of justice?
THE ATTORNEY GENERAL
A proposal to amend section 27 of the Magistrates
Ordinance (Cap. 227) to allow the magistrate a discretion in
relation to the amendment of a defective complaint, information
or summons cannot be considered in isolation because the provision
concerned (subsection (2) of section 27) is linked with other
When considering an amendment, it is necessary to
look at the whole of section 27 to create an acceptable overall
procedure.
subsections.
Drafting legislation was circulated for discussion
some time ago. Mr Martin LEE, then Chairman of the Hong Kong
Bar Association, advanced some helpful and penetrating criticisms
of that draft. The points made by him were subsequently considered
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