HKSAR v. CHEUNG WING CHE
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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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BETWEEN
| HKSAR | Respondent | |
| and | ||
| CHEUNG WING CHE (張榮志) | Appellant |
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Before: The Honourable Mrs Justice V. Bokhary in Court
Date of Hearing: 22 August 2006
Date of Judgment: 22 August 2006
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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.
| (V. Bokhary) Judge of the Court of First Instance High Court |
The Appellant, in person
Mr Raymond Cheng, GC of the Department of Justice, for the Respondent