indictment specifying the charges on which further proceedings are based no

Indictment specifying the charges on which further

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indictment” specifying the charges on which further proceedings are based, no time limit for prosecution may commence beyond 6 months, tried summarily(???) by Permanent Magistrates and other courts( CFI…), e.g. murder 3) Offences in either way Principles: 1) Presumption of innocence - Pay respect to the vulnerability of accused person (crim more protective to D since the sentence is heavy) - Derivative of the Common law commitment to individual liberty against arbitrary government action Black stone ratio: better that 10 guilty persons escape than 1 that innocent suffer - The accused bears no burden of proof that he is innocent, entirely on prosecution to prove guilt - No attempt to whittle it down can be entertained 2) Simultaneity of actus reus and mens rea - An Act alone does not make a person criminally liable, mind must be legally blame worthy - Murder: actus reus involve causing the death of another person; intentionally cause death-> mens rea Exception: -much of criminal law originated from case law, which rested on community norms and universal common law principles Woolmington v Director of Public Prosecution [1935] AC 462 Lau Cheung v SAR (2002)
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Criminal justice institution Strict liability offences( no need intention/ mens rea ), e.g. employer’s neglect to inspect a new employee’s passport( immigration ordinance) 3) Requirement that guilt is proven beyond reasonable doubt - No principle in crim law of HK more fundamental than proving beyond all reasonable doubt - A higher std than proof of balance of probabilities that no reasonable man could fail to draw from direct facts proved that the person is guilty - Any hypothesis consistent with the innocence of the accused/ any reasonable doubt whether the defendant is guilty> he must be acquitted - Heavy quantum encourage prosecutor to devote his scarce resources to prosecute the guiltiest person Constitutional protection of the right to fair trial - Right to confidential legal advice, access to court, choice of lawyer for representation - Who lawfully arrested has right to a fair trial without delay and shall be presumed innocent until convicted - Equal before the court and entitled to a fair and public hearing, judgement rendered in criminal case shall be made public Lord Diplock in Kwan Ping Bong v R [1979] HKLR BL 35 BL 87 BOR 10 BOR11 -have right to remain silent, no need ans q raised by the police Organs For deterrence and rehabilitation, administer and enforce the crim law Criminal courts : Criminal jurisdiction/ trial Magistrates’ Courts,(max imprisonment 2yr District Court(7yrs, CFI(unlimited Hear appeals from MC CFI (has jury) Criminal jurisdiction only in appellate cases CA, CFA Prosecution Division of DOJ - Prosecutes cases at both trial and appellate levels - Offers legal advice to law enforcement agencies( police) DOJ is govt’s legal adviser
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o As to sufficiency of evidence in support of a criminal charge - Review the operation of crim law - Chaired by Director of Public Prosecution, superintended by the SJ -
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