TILJ
BORETUUJE TIŪNO NONO.
Case
CONFIDENTIAL
3 -
Nature
Provisions being
challenged
WAN Yiu-man
YIU Chi-fung
LAU Shui-wah
same as above
presumption of possession of an offensive weapon
presumption re. obtaining property by means of a dishonoured cheque
S.94A of CPO applied to s.4(1) of Massage Establishments Ord.
S.17 of Summary offences Ord. (art 11(1) of BOR)
S.29(6)(a)(i) of Theft Ord. (art. 11(1) of BOR)
WONG Chiu-yuen
LEE Kwang-kut
Decision
same as above
Court
Magistrates' Court
Impact HKG's
response
Nil
not inconsistent with BOR
District Cart
Nil
repealed
District Court
pre-trial delay as a basis for stay of proceedings
rely on the right to trial within a
reasonable time or to release under Art 5(3) of BCR
permanently stayed
theft/deception
charges on the basis of
unreasonable
delay
presumption regarding possession of anything reasonably suspected of having been stolen or unlawful obtained.
District Court
S.30 of Summary Offences Ord (art. 11(1) of BCR)
repealed
Magistrates'
Court
기
provision regarded as repealed;
more difficult to find sufficient evidence for conviction
further
applications for a stay in
proceedings on this ground are expected.
will contest similar
application vigorously
the Crown will appeal against the decision
No comments yet.
Private notes are available after approval.