Read the full judgment text of HCAL 000104/2003 on BabelCite. This High Court CFI judgment was delivered on 8 March 2004.
1. In April 2003, the applicant in this matter was charged with the offence of publishing an obscene article contrary to s.21(1)(a) of the Control of Obscene and Indecent Articles Ordinance, Cap.390 ('the Ordinance'). On 25 August 2003, he sought a date from a magistrate so that an application could be made for a permanent stay of the prosecution. The applicant wished his application to be heard before the determination of any essential element of the offence of which he was charged. The magistr