R. v. Lee Siu Keung, Edmond
Read the full judgment text of HCMA 115/1997 on BabelCite. This High Court CFI judgment was delivered on 15 May 1997.
1. Driving cases are normally issues of fact for the magistrate to decide. There are, however, a number of points which the appellant has very properly raised.
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HCMA000115/1997 IN THE SUPREME COURT OF HONG KONG (Appellate Jurisdiction) MAGISTRACY APPEAL No.115 OF 1997 ____________________
____________________ Coram: Hon Sears, J. in Court Date of hearing: 15 May 1997 Date of judgment: 15 May 1997 ____________________ J U D G M E N T ____________________ 1. Driving cases are normally issues of fact for the magistrate to decide. There are, however, a number of points which the appellant has very properly raised. 2. But from the notes of verdict, the magistrate made a site visit not in the presence of the appellant, nor indeed the prosecution. This is a material irregularity - magistrates are not permitted to acquire evidence which is not open to challenge by a defendant. 3. The Crown does not oppose this appeal which is therefore allowed.
Representation: Mr Joseph To, S.C.C., for Crown/Respondent Appellant: in person |