Read the full judgment text of HCAL 000137/2004 on BabelCite. This High Court CFI judgment was delivered on 15 November 2005.
1. This is an application for judicial review. The applicant is facing prosecution for 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’). In August 2004, the applicant (and his co-accused) applied to the magistrate before whom he was to be tried for a permanent stay of proceedings. He did so on the basis that a fair trial was not possible and/or, even if possible, that the prosecution proce
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