Read the full judgment text of HCMA 001183/2003 on BabelCite. This High Court CFI judgment was delivered on 8 April 2004.
1. Where there is a failure on the part of the prosecution to call a material witness, it is open to a trial judge or magistrate to invite the prosecution to call such a witness. But the prosecution is not obliged to accept such an invitation (see Abe1 Muhammed el Dabbah v Attorney General (Palestine) [1944] AC156 and R v Mok Wei-tak [1986] HKLR 1054). And it is somewhat invidious for a trial judge or magistrate to be in a position of issuing invitations that can be declined rather than making o