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Article: Second Chances For Unsuccessful Prosecutions: The Questionable Review Procedure Over Acquittals In Magistrates' Court
Title | Second Chances For Unsuccessful Prosecutions: The Questionable Review Procedure Over Acquittals In Magistrates' Court |
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Authors | |
Issue Date | 2016 |
Publisher | Sweet & Maxwell Asia. The Journal's web site is located at http://www.hku.hk/law/hklj/ |
Citation | Hong Kong Law Journal, 2016, v. 46 n. 2, p. 405-414 How to Cite? |
Abstract | Abstract: The review jurisdiction provided by s 104 of the Magistrates Ordinance (Cap 227) ostensibly enables a magistrate, having acquitted a defendant, to reverse the acquittal on its merits on review. Such is what occurred in HKSAR v Leung Kwok Hung, which was been upheld by the Court of First Instance. By reference to decided cases in both Hong Kong and the United Kingdom, and having regard to the constitutional and human rights implications, this article argues that s 104, properly construed, cannot be so applied. |
Persistent Identifier | http://hdl.handle.net/10722/234629 |
ISSN | 2023 Impact Factor: 0.3 2020 SCImago Journal Rankings: 0.112 |
DC Field | Value | Language |
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dc.contributor.author | Wong, KY | - |
dc.date.accessioned | 2016-10-14T13:48:08Z | - |
dc.date.available | 2016-10-14T13:48:08Z | - |
dc.date.issued | 2016 | - |
dc.identifier.citation | Hong Kong Law Journal, 2016, v. 46 n. 2, p. 405-414 | - |
dc.identifier.issn | 0378-0600 | - |
dc.identifier.uri | http://hdl.handle.net/10722/234629 | - |
dc.description.abstract | Abstract: The review jurisdiction provided by s 104 of the Magistrates Ordinance (Cap 227) ostensibly enables a magistrate, having acquitted a defendant, to reverse the acquittal on its merits on review. Such is what occurred in HKSAR v Leung Kwok Hung, which was been upheld by the Court of First Instance. By reference to decided cases in both Hong Kong and the United Kingdom, and having regard to the constitutional and human rights implications, this article argues that s 104, properly construed, cannot be so applied. | - |
dc.language | eng | - |
dc.publisher | Sweet & Maxwell Asia. The Journal's web site is located at http://www.hku.hk/law/hklj/ | - |
dc.relation.ispartof | Hong Kong Law Journal | - |
dc.title | Second Chances For Unsuccessful Prosecutions: The Questionable Review Procedure Over Acquittals In Magistrates' Court | - |
dc.type | Article | - |
dc.identifier.hkuros | 270264 | - |
dc.identifier.volume | 46 | - |
dc.identifier.issue | 2 | - |
dc.identifier.spage | 405 | - |
dc.identifier.epage | 414 | - |
dc.publisher.place | Hong Kong | - |
dc.identifier.issnl | 0378-0600 | - |