Hong Kong News

Nonpartisan, Noncommercial, unconstrained.
Wednesday, Mar 22, 2023

Magistrate criticized for failing in duty in a 91-day jaywalking trial

Magistrate criticized for failing in duty in a 91-day jaywalking trial

The Court of Appeal ruled on Wednesday that a jaywalking case trial that lasted for over 90 days was a waste of judicial time and resources, and criticized the then deputy magistrate, the defense and the prosecution were all responsible for that.
The ruling also said the legal costs of HK$620,000 for the lengthy trial would be split by the defense and the prosecution, overthrowing the original order that the fees go straight to the defense.

The defendant Thapa Kamala received a court summons for jaywalking after being hit by a taxi on Tai Tam Road in April 2016. Yet, Kamala pleaded not guilty as she believed the taxi was speeding at the time.

The case was set down for a two-day trial and commenced before deputy special magistrate Ho Lai-ming on January 10, 2018. As it turned out, the trial lasted for 91 days spanning nearly two years.

Finally, Kamala was acquitted in October 2019. Yet, Kamala applied for the legal costs, and the prosecution at the same time also applied for wasted costs against Kamala's two lawyers Kelvin Leung Yiu-cheung and How Chun-fai.

Judge Ho then ordered Leung and How to pay a total of HK$622,199 to the prosecution, triggering the two to appeal against Ho's costs orders.

In the latest judgment released on Wednesday, a panel of three judges including Chief Justice Jeremy Poon Siu-chor and Justice of Appeal Derek Pang Wai-cheong and Anthea Pang Po-kam, set aside the costs orders made by Ho and allowed the two appeals filed by Leung and How.

The three judges also refused the application for costs filed by Kamala.

They added: "we do not consider it appropriate to visit Leung and How alone with costs," before refusing the prosecution's application for wasted costs against them.

The judges explained that "the deputy magistrate, the defense and, to a lesser extent, the prosecution were all responsible for the wastage of judicial time and resources."

"The Deputy Magistrate had failed in her duty in properly managing the trial to bring it to a just and speedy conclusion."

The judges added that the defense and the prosecution "had also failed in their duty to assist the Deputy Magistrate in reaching that goal and standard."

"It is distasteful for this Court to have to criticize the Deputy Magistrate and the legal representatives at the trial stage but we would be failing our duty to the public interest in the administration of justice if we did not do so," the trio also wrote.

The defense and the prosecution will split the legal costs.

Related Articles

Hong Kong News
Credit Suisse's Scandalous History Resulted in an Obvious Collapse - It's time for regulators who fail to do their job to be held accountable and serve as an example by being behind bars.
Goldman Sachs cuts outlook for European bank debt over Credit Suisse crisis
Paris Rioting vs Macron anti democratic law
'Sexual Fantasy' Assignment At US School Outrages Parents
The US government has charged Chinese businessman Guo Wengui with leading a $1 billion fraud scheme that cheated thousands of followers out of their money.
Credit Suisse to borrow $54 billion from Swiss central bank
The BBC problem about China
Russian Hackers Preparing New Cyber Assault Against Ukraine
"Will Fly Wherever International Law Allows": US Warns Russia After Drone Incident
If this was in Tehran, Moscow or Hong Kong
Announcing GPT-4
TRUMP: "Standing before you today, I am the only candidate who can make this promise: I will prevent World War III."
China is calling out the US, UK, and Australia on their submarine pact, claiming they are going further down a dangerous road
A brief banking situation report
We are witnessing widespread bank fails and the president just gave a 5 min speech then walked off camera.
Donald Trump's asked by Tucker Carlson question on if the U.S. should support regime change in Russia?.
'No relation to the American SVB': India's SVC Bank acts to calm depositors amid brand name confusion.
Good news: The U.S. government is now guaranteeing all deposits, held by, Silicon Valley Bank, and the funds are available as of today
Silicon Valley Bank exec was Lehman Brothers CFO
In a potential last-ditch effort, HSBC is considering a rescue deal to save Silicon Valley Bank UK from insolvency
Saudi Arabia has announced a major breakthrough in diplomacy with Iran after two years of intense talks
Elon Musk Is Planning To Build A Town In Texas For His Employees
The Silicon Valley Bank’s collapse effect is spreading around the world, affecting startup companies across the globe
City officials in Berlin announced on Thursday that all swimmers at public pools will soon be allowed to swim topless
Fitness scam
Market Chaos as USDC Loses Peg to USD after $3.3 Billion Reserves Held by Silicon Valley Bank Closed.
A primitive judge in Australia sparked outrage when he told a breastfeeding woman to leave his courtroom for being “a distraction"
Barcelona is feeling the heat as they face corruption charges over payments to former vice-president of Spain's referees' committee, Jose Maria Enriquez Negreira
Banking regulators close SVB, the largest bank failure since the financial crisis
Silicon Valley Bank: Struggles Threaten Tech Startup Ecosystem"
The unelected UK Prime Minister Rishi Sunak, an immigrant himself, defends new controversial crackdown on illegal migration
Old clip of Bill Gates saying Ukraine is a big, fat, corrupt sinkhole is going viral
Man’s penis amputated by mistake after he’s wrongly diagnosed with a tumour
2 universities in Hong Kong embrace use of ChatGPT, other AI tools
In a major snub to Downing Street's Silicon Valley dreams, UK chip giant Arm has dealt a serious blow to the government's economic strategy by opting for a US listing
Missing Chinese banker was working to set up Singapore family office
Hong Kong ditches Covid mask mandate after 945 days
Xi Jinping and His Wife Meet with Cambodian King Norodom Sihamoni and Queen Mother Norodom Monineath Sihanouk
How do stolen goods end up on Amazon, eBay and Facebook Marketplace?
It's the question on everyone's lips: could a four-day workweek be the future of employment?
Is Gold the Ultimate Safe Haven Asset in Times of Uncertainty?
Spain officials quit over trains that were too wide for tunnels...
Hello. Here is our news digest from London.
Corruption and Influence Buying Uncovered in International Mainstream Media: Investigation Reveals Growing Disinformation Mercenaries
When it comes to Tesla vs Lamborghini, an empty vessel makes more noise
European MP Clare Daly condemns US attack on Nord Stream
Former U.S. President Carter will spend his remaining time at home and receive hospice care instead of medication
North Korea test-fires an intercontinental ballistic missile into the Sea of Japan west of Hokkaido
US bombed Nord Stream gas pipelines, claims investigative journalist Seymour Hersh
US Joins 15 NATO Nations in Largest Space Data Collection Initiative in History