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will consider a Bill of Rights challenge to Section 33 and Section 94A Criminal Procedure Ordinance (negative
averments).
Pre-trial delay as a basis for stay of proceedings
14.
On 8 January 1992 in R v WONG Chiu-yuen (STDC 44/91) District Judge Caird permanently stayed theft/deception charges on the basis of unreasonable delay (2%1⁄2 years) in bringing the defendant to trial. The Crown does not intend to take this decision any further because of the special circumstances of the case and because the only avenue available is judicial review proceedings which are not appropriate given their limited scope and the likely delay in getting a result. The issue will, however, be pursued in the future when an appropriate case arises.
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