Kai Yeung Wong (SJD Candidate)
Hong Kong Law Journal
2016, Vol 46, Part 2, pp 405-414
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.