|
Citation
|
Judgment date
|
| December 1964 |
|
|
A transfer under s.73(a) requires a de novo trial; transfers solely for sentencing are ineffective.
Criminal procedure — s.73(a) transfer requires de novo trial; transfer solely for sentence ineffective — s.128 bars retrial after conviction — convicted but unsentenced prisoner may be sentenced by a different magistrate sitting in same court.
|
23 December 1964 |
|
Court allowed amendment to add permanent maintenance after decree absolute, exercising discretion despite respondent's complaint of being misled.
Divorce procedure – amendment of petition after decree absolute – adding prayer for permanent maintenance – discretionary relief; omission potentially misleading respondent a relevant but not decisive factor (Aggett v Aggett).
|
10 December 1964 |
|
The applicant’s part-year residence and limited local activities determined supertax liability on dividends.
Income tax – interpretation of "ordinarily resident" and "carrying on business" – s.86(2)(a) proviso – part‑year residence and limited corporate/letting activities do not suffice for exemption.
|
4 December 1964 |
| November 1964 |
|
|
Court may examine pre‑divorce settlements for collusion but cannot grant formal approval; fuller affidavit required.
Divorce — pre‑petition property settlement — collusion — s.4(3) Matrimonial Causes Act 1963 — rule 2A Matrimonial Causes Rules — court may determine collusion and give directions, not formally approve agreements.
|
23 November 1964 |
| September 1964 |
|
|
Whether an accused must testify before other defence witnesses under section 191 and if refusal causes miscarriage of justice.
Criminal procedure – Order of calling defence witnesses – Whether accused must give evidence before other defence witnesses – Construction of section 191 Criminal Procedure Code (directory vs mandatory) – Substantial miscarriage of justice – Counsel’s tactical choices.
|
4 September 1964 |
| August 1964 |
|
|
Sections 5 and 9(1) require knowledge; the applicant's unknowingly entering the park warranted acquittal.
Statutory construction – presumption of mens rea – displacement only by clear words or necessity to suppress mischief; Criminal law – strict/absolute liability; Game Ordinance (s.5, s.9(1)) – unlawful entry and possession of arms require knowledge; Appeal – convictions quashed where magistrate misapplied absolute liability precedent.
|
31 August 1964 |
| July 1964 |
|
|
Whether the Commissioner improperly prioritised railway interests and whether third‑party intentions may negate direct adverse effects under section 152.
Road traffic law – exercise of statutory discretion under s.152 – matters to be balanced, no primacy for railway interests; appellate jurisdiction under s.155 limited to questions of law; evidence of third‑party future intentions irrelevant to direct adverse effect assessment.
|
31 July 1964 |
|
Criminal courts may question deportation orders; magistrates must investigate birth/status claims before accepting guilty pleas.
Deportation — jurisdiction to question validity of deportation orders — acceptance of guilty pleas where birthplace or British-protected status is asserted — proper statutory charge (Deportation Act v Immigration Act).
|
21 July 1964 |
| June 1964 |
|
|
Similar offences may be taken into consideration at sentencing but must not attract separate convictions or sentences; excessive sentence reduced.
Criminal law – Sentencing – Offences taken into consideration – Similar offences may be considered in mitigation but must not be separately convicted and sentenced; appellate intervention where sentence gives a 'sense of shock'.
|
25 June 1964 |
| May 1964 |
|
|
Non‑compliance with section 192 makes an amendment irregular (saveable under s323), but material evidential variances caused a substantial miscarriage of justice.
Criminal procedure — Amendment of charge — Non‑compliance with section 192 (time of amendment, right to recall witnesses, re‑arraignment) — Irregularity not jurisdictional; section 323 — appellate protection where no substantial miscarriage of justice — Variance between charge and evidence — credibility and substantial miscarriage of justice — trial irregularities (prosecutorial misconduct, improper re‑examination, delay).
|
28 May 1964 |
|
Court granted extension under section 73 but warned it will closely scrutinise and not routinely excuse statutory defaults.
Companies law – Registration of return of allotments – Section 73 Companies Ordinance – Court discretion to extend time – Not a rubber stamp – Excuse of 'extreme pressure of work' scrutinised – Companies' responsibility to comply with filing obligations.
|
25 May 1964 |
| April 1964 |
|
|
Court excluded the accused's statements: prosecution must prove confessions were voluntary and not induced by authority.
Criminal procedure – admissibility of confessions – voluntariness – burden on prosecution to prove absence of inducement by person in authority – inducement broadly defined (threats, promises, prolonged questioning) – prior inducement may taint subsequent statements – fresh caution required.
|
25 April 1964 |
|
A cheating offence under section 280 does not require the fraudulent device to be aimed at the public at large.
Criminal law – Cheating (s.280 Penal Code) – fraudulent trick or device need not be calculated to affect the public at large – precedent in Mukese v Reginam held per incuriam and not binding – assessment of documentary evidence and witness credibility.
|
13 April 1964 |
|
Whether orders under a writ of elegit bind a private sale and whether defective orders are void or voidable.
Writ of elegit – sale by judgment creditor – requirement for judicial directions and approval of contract – distinction between void and voidable orders for lack of service – supplemental orders must be made in original proceedings – payment of purchase money into court.
|
10 April 1964 |
|
High Court quashes inadequate magistrate sentence for drunken driving and substitutes immediate custodial sentence and longer licence suspension.
Road traffic — Drunk driving — Adequacy of sentence — Reoffending after prior drunken-driving conviction — Suspension of licence and effect on suspended sentence — Review under s.8 Criminal Procedure Code.
|
9 April 1964 |
| March 1964 |
|
|
Death of a spouse before decree abates divorce; court may only apply pre-existing deposited funds to prior costs.
Divorce — abatement by death of spouse — no jurisdiction to make new costs orders after abatement — court may apply funds deposited under existing costs order.
|
11 March 1964 |
|
Self-defence raised reasonable doubt; prosecution failed to disprove lawful homicide, so the accused was acquitted.
Criminal law — Murder and manslaughter — Self-defence — Justificable vs excusable homicide — Elements: honest belief and reasonable necessity — Duty to retreat for non-forcible assaults — Burden on prosecution to disprove self-defence where reasonable possibility exists — Accused's silence and witness credibility.
|
5 March 1964 |
| February 1964 |
|
|
Aider-and-abettor of dangerous driving can be convicted and must face licence suspension absent special, offence-related reasons.
Causing death by dangerous driving; aiding and abetting negligence; suspension/disqualification of driving licence mandatory on conviction; "special reasons" must be special or unusual to the offence; section 21 Penal Code applies to offences under statutory law.
|
24 February 1964 |
|
Creditors have no general right to attend or cross-examine at private section 25 bankruptcy examinations.
Bankruptcy — section 25 examinations — private/inquisitorial proceedings before registrar — no right for creditors to attend or to cross-examine — counsel for examinee permitted — limited retention/disclosure of notes.
|
14 February 1964 |
|
Territorial High Court granted certiorari quashing an improperly constituted statutory disciplinary tribunal and its confirmations.
Administrative law — Judicial review — Certiorari to quash — Tribunal improperly constituted — Statutory disciplinary procedure — Jurisdiction of territorial High Court over federal authorities — Duty to act judicially and natural justice.
|
3 February 1964 |
| January 1964 |
|
|
Failure to specify particular goods in an attempted theft charge does not invalidate the conviction if the accused was adequately informed.
Criminal law – Attempted theft – Particulars of property – Whether specific goods must be specified in charge – Attempt to steal from a container includes attempt to steal its contents – Sufficiency of charge and prejudice to accused.
|
31 January 1964 |
|
Whether a class II subordinate court may enforce a High Court judgment exceeding its statutory £100 jurisdiction.
Subordinate court jurisdiction – class II monetary limit (£100) – enforcement of High Court judgments – transfer under s24(2) High Court Ordinance does not enlarge subordinate court jurisdiction (s24(3)) – s19(3) enforcement power limited to resident/senior resident magistrates – jurisdictional increase under s23.
|
8 January 1964 |
|
Threats to burn property are not legal compulsion; prosecution's omission to tender a bald denial did not prejudice the accused.
Criminal law — arson; compulsion under section 17 — present threat to life or grievous bodily harm required; joint charge vs indivisible offence; prosecutorial discretion to tender accused's statements; failure to tender may be ground of appeal if miscarriage of justice.
|
3 January 1964 |
| June 1963 |
|
|
A taxing officer may exceed ordinary costs scale under Order XXXIV, rule 7; it differs from the court’s higher-scale discretion.
Costs — Taxing officer’s discretion under Order XXXIV, r.7 to exceed scale based on skill, labour and responsibility — Distinct from court’s power under Order I, r.6A requiring special grounds — Review of taxation refused.
|
6 June 1963 |
| April 1963 |
|
|
Arrest without warrant was lawful where officer had reasonable grounds under s.22(g) and the Fugitive Offenders Act applied.
Habeas corpus — legality of warrantless arrest under s.22(g) Criminal Procedure Code — reasonable grounds from telegraphic signal — applicability of Fugitive Offenders Act 1881 — duty to inform arrested person truthfully — procedural irregularity in affidavit not fatal.
|
27 April 1963 |
| March 1963 |
|
|
A magistrate's court has inherent jurisdiction to punish for contempt where a person fails to attend a judgment summons.
Contempt of court – failure to attend a judgment summons – Order 38 r.15 and s.44 Subordinate Courts Ordinance – s.99 Penal Code (summary contempts) – inherent jurisdiction of a court of record to punish contempts in its face – magistrate’s summary punishment upheld.
|
23 March 1963 |
| June 1949 |
|
|
An unregistered lease required by statute is of no effect; it cannot be enforced or used to fix a yearly tenancy's commencement.
Lands and Deeds Registry Ordinance — non-registration renders instruments "null and void" with no legal or equitable effect — unregistered leases unenforceable — estoppel not available absent fraud — notice doctrine excluded by statute — yearly tenancy commences on date of entry and payment.
|
1 June 1949 |
|
An unregistered lease under the Registry Ordinance is wholly void and cannot fix tenancy commencement; no estoppel absent fraud.
Lands and Deeds Registry Ordinance — effect of non-registration — "null and void" means no effect in law or equity — unregistered lease not enforceable nor able to fix commencement of tenancy — tenancy from year to year arises from entry and payment of annual rent — estoppel only where fraud or inducement — section 7 excludes notice of prior unregistered documents except for actual fraud.
|
1 June 1949 |
| December 1942 |
|
|
Leave to serve a tort writ abroad was set aside due to territorial law and foreign sovereign immunity considerations.
Service out of jurisdiction — discretion of court — tort actions against foreign sovereigns — territorial law governs availability of suit — foreign Crown immunity and caution in granting leave.
|
31 December 1942 |
|
A mining regulation forbidding entry by "unauthorised persons" was void for vagueness; an invitee by an employee was authorised.
Mining regulations — Regulation 12 — "unauthorised person" — vagueness/indefiniteness — statutory interpretation — invitation by employee as authorisation — criminal conviction quashed.
|
31 December 1942 |
|
An accidental intervening act (slipping weapon) can negate murderous intent and reduce liability to manslaughter.
Criminal law – Murder v. manslaughter – requisite intention – intervening accidental act (slip) negating specific intent – causation – role of intoxication and provocation in assessing mens rea.
|
31 December 1942 |
|
Proof of a general deficiency alone cannot sustain an embezzlement conviction; particulars must specify the sum.
Criminal law – Embezzlement/theft – Proof of general deficiency insufficient – Particulars must specify the gross sum (and relevant dates) – Repeal of s.174 Criminal Procedure Code removes authority for charging on general deficiency.
|
31 December 1942 |
|
Embezzlement particulars must specify a gross sum; related offences' sentences should be concurrent, totaling 21 months IHL.
Embezzlement — general deficiency: particulars should state specific gross sum; proof of some larceny item required; practice upheld despite repeal of s.174; related sentences should run concurrently.
|
31 December 1942 |
|
Separate sentences ordinarily required per count; housebreaking and theft from same premises may be charged in one count.
Criminal law – Sentencing – Separate sentence for each count – Concurrent sentences permissible – Housebreaking and theft from same premises may be charged in one count.
|
31 December 1942 |
|
Court ordered 21-day medical observation to determine whether a deaf-mute accused is non-sane before sustaining a guilty finding.
Criminal procedure — Deaf-mute accused — Medical observation to determine sanity — Application of The King v
Governor of Stafford (1909) — Procedure under Criminal Procedure Code ss.156 and 151(4) — Incapacity to enter defence
|
31 December 1942 |
| December 1941 |
|
|
Leave-pay credits are contingent liabilities not deductible; genuine salary payments to a director are deductible; disguised profit distributions are taxable.
Income tax – deductibility – leave pay credited to suspense account is a contingent liability, not an outgoing incurred – annual sums to shareholder-director may be salary and deductible – amounts described as directors’ fees but effectively profit distributions are not deductible.
|
31 December 1941 |
|
Religious ceremony plus cohabitation can prove marriage in divorce cases when documentary proof is unobtainable.
Proof of marriage — Jewish marriage ceremony and cohabitation — presumption of validity in civil divorce when documentary proof unavailable — stricter proof required in bigamy prosecutions — desertion where wife refuses husband's chosen matrimonial home.
|
31 December 1941 |
|
Mandamus granted where statutory valuation objections were late but refusal would cause substantial and irremediable injustice.
Mandamus — discretionary remedy where no other adequate remedy exists; Valuation procedure — statutory requirement of six clear days' written notice under Cap. 26 s.26F; Magistrate's discretion to refuse late objections; No review under Subordinate Courts rules when acting as valuation court; Equitable grant of mandamus subject to conditions and costs.
|
31 December 1941 |
|
A solicitor in person recovers ordinary party-and-party costs but cannot charge for self-instruction or unnecessary items.
Solicitor appearing in person — recovery of party-and-party costs — disallowance of charges for self-instruction and unnecessary items — taxation of costs — allowance of mileage service fee — appeal costs.
|
31 December 1941 |
|
Wilful default to pay tax for multiple years under s.14(1)(a) constitutes a single offence, permitting only one count.
Native Tax Ordinance s.14(1)(a) – wilful default to pay "any tax" – unpaid tax for multiple years constitutes a single offence – only one count permissible; subsequent defaults after conviction are new offences.
|
31 December 1941 |
|
Section 287 applies only where a person in public (street/road) loiters or acts suspiciously with suspected stolen property.
Penal Code s.287 — possession or conveying of property reasonably suspected to be stolen — limited application where person is in street/road or loitering — requirement of suspicious appearance/actions attracting attention — "having" ejusdem generis with "conveying" — proper form of charge; accused's explanation not part of charge.
|
31 December 1941 |
|
Court affirmed prima facie proof for juvenile theft, held animus furandi at time of conversion, and substituted corporal punishment with conditional discharge.
Juvenile offenders — capacity of child under 12 to know wrongfulness (s.15 Penal Code) — prima facie proof from recent possession and implausible explanation — animus furandi assessed at time of conversion under local Penal Code — Juvenile Court sittings procedure — lawfulness of corporal punishment on juveniles — sentencing discretion and child’s best interests.
|
31 December 1941 |
|
A dangerous driving conviction was quashed because the statute protects highway users, not passengers inside the vehicle.
Motor traffic — Dangerous driving — Statutory construction — Provision protects persons using the highway (public), not vehicle occupants — Troughton v. Manning (1905) binding precedent — Conviction quashed
|
31 December 1941 |
|
Conviction under the townships noise regulation cannot stand where only an on‑duty policeman, not an annoyed private person, is relied upon.
Townships Regulations s.4(9) – making noise to the disturbance of a person – requirement that an annoyed person be shown – on‑duty policeman not ordinarily the protected "person" – insufficient evidence vitiates conviction.
|
31 December 1941 |
|
Section 72 may be invoked for s64 complaints; proceedings under s64 are criminal in form.
Employment of Natives Ordinance ss64, 72 – Application of s72 where specific penal sections repealed – Magistrate’s power to rescind contract and impose fines – Proceedings under s64 are criminal in form.
|
31 December 1941 |
|
The respondent's failure to take his wife to hospital did not amount to failing to supply "necessaries of life" under section 209.
Criminal law – Penal Code s.209 – "necessaries of life" limited to items such as food, water and clothes – failure to obtain medical treatment not within s.209; Penal Code s.214 – omission of duty causing harm may apply where accused knew medical assistance available; Criminal Procedure Code s.168(2) – conviction cannot be altered to a substantially different offence.
|
31 December 1941 |
|
The Crown can be a complainant and be ordered to pay compensation for frivolous or vexatious prosecutions under section 162.
Criminal procedure — s.162 compensation for frivolous or vexatious charges — Crown as complainant — distinction between costs and compensation — s.160 costs immunity — prosecutorial direction and vexatious prosecution.
|
31 December 1941 |
|
Section 158(4) requires both suspicious character and suspicious conduct; mere presence in hospital beds does not satisfy the subsection.
Penal Code s.158(4) – Rogue and vagabond – offence requires both 'suspicious character' and 'suspicious manner' – provision contemplates 'wandering' near premises; mere presence in hospital wards not covered.
|
31 December 1941 |
|
Conviction on circumstantial evidence quashed where proved facts did not exclude all reasonable inferences of innocence.
Criminal law – Circumstantial evidence – Sufficiency – Inference must be consistent with all proved facts and must exclude every other reasonable inference; conviction quashed where only suspicion established.
|
31 December 1941 |
|
Error in contravening an absolute statutory price prohibition is no defence, but may mitigate sentence.
Statutory offences – absolute prohibition – absence of mens rea no defence; strict liability for price-control breaches; mistake mitigates sentence only.
|
31 December 1941 |