Choi Kwan Sing v The Queen

Judgment Cited in Precedent Map Related
Judgment Date09 October 1968
Judgement NumberCACC505/1968
Year1968
CourtCourt of Appeal (Hong Kong)
CACC000505/1968 CHOI KWAN SING v. THE QUEEN

CACC000505/1968

IN THE SUPREME COURT OF HONG KONG

APPELLATE JURISDICTION

CRIMINAL APPEAL NO. 505 OF 1968

(South Kowloon Magistracy, Case No.14538 of 1968)

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BETWEEN
CHOI KWAN SING Appellant
AND
THE QUEEN Respondent

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Coram: Briggs J.

Date of Judgment: 9 October 1968

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JUDGMENT

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1. This is an appeal against an order made by a magistrate on August 29th. The appellant who was charged with two offences under the Dangerous Drugs Ordinance was brought before the magistrate on that date when an application for bail was made on his behalf by his solicitor.

2. This was refused. The magistrate fixed the hearing for September 3rd although the solicitor appearing on the appellant's behalf asked for another and later date because he had other commitments on September 3rd. However the magistrate fixed the trial for September 3rd and the solicitor asked to withdraw from the case.

3. On the 3rd the appellant came up for trial when he was unrepresented. He again asked for an adjournment so he could have the services of the particular solicitor who had originally appeared for him. Accordingly the magistrate adjourned the case until September 10th a date chosen by the appellant himself. The appellant had been admitted to bail by a judge of the Supreme Court on September 2nd. This appeal is against the order made by the magistrate on August 29th.

4. The appeal came before me on October 4th 1968 when I was told that the trial of the appellant was part heard. So it would appear that the result of this appeal may be only of academic interest. Even if allowed it would be non effective. The more so perhaps as the magistrate did adjourn the case on September 3rd as requested.

5. However, Mr. Addison for the Crown raised an interesting point: which is that there is under our law no right of appeal against such an order. I will say at once that I agree with him. In consequence I dismissed the appeal as being incompetent.

6. The appellant appealed under section 113(1) of the Magistrates Ordinance. This gives a right of appeal to "any person aggrieved by any conviction, order or determination of a magistrate in respect of or in connexion with any offence ...." The magistrate in making the order complained of was acting under section 20(1) of the same Ordinance. This section is concerned with the...

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