R. v. Chan Chi-kwong

Read the full judgment text of on BabelCite. was delivered on 5 March 1992.

1. It has come to the attention of the court since the delivery of judgment that by virtue of section 83 of the District Court Ordinance Cap. 336 the court did have power to substitute a conviction of an alternative offence. The reference in the judgment to there being a lacuna in the law was therefore per incuriam and wrong.

Case No.
Court
Date05 Mar 1992
Judge
Case Document
100%Judiciary

CACC000444A/1991

IN THE COURT OF APPEAL No. 444 of 1991
(Criminal)

BETWEEN

THE QUEEN

AND

CHAN CHI-KWONG

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Coram: Hon. Sir T.L. Yang, C.J., Macdougall, J.A. & Wong, J.

Date of hearing: 5 March 1992

Date of judgment: 5 March 1992

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A D D E N D U M

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Macdougall, J.A.:

1. It has come to the attention of the court since the delivery of judgment that by virtue of section 83 of the District Court Ordinance Cap. 336 the court did have power to substitute a conviction of an alternative offence. The reference in the judgment to there being a lacuna in the law was therefore per incuriam and wrong.

(Sir T.L. Yang) (Neil Macdougall) (Michael Wong)
Chief Justice Justice of Appeal Judge of the High Court