HKSAR v. CHEUNG WING CHE

HCMA 678/2006

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

MAGISTRACY APPEAL NO. 678 OF 2006

(ON APPEAL FROM ESS 34628 OF 2005)

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J U D G M E N T

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1.  The Respondent conceded that the appeal ought to be allowed on the ground that the Deputy Special Magistrate had “stepped into the arena”.  In my view, this concession was properly made.  No doubt with the best intention, the Magistrate had indeed taken so active a part in the cross-examination of the Appellant as to have usurped the function of the prosecutor.  In the result, the trial cannot be regarded as fair. 

2.  Accordingly, the appeal is allowed to quash the conviction.