HKSAR v. HO KA LOK AND OTHERS

HKSAR v. HO KA LOK AND OTHERS

Given the proximity of the separately fixed 30-day trials (less than six months away) and absence of sufficient justification or material change to outweigh prejudice and logistical disruption, the judge exercised case management discretion to refuse consolidation and dismissed the application.

Citation
[2022] HKDC 278
Parties
Prosecution: HKSAR; Defendant: HO KA LOK; Defendant: LAU SHEUNG CHI; Defendant: WONG WAN SZE; Defendant: LAI HO PAN; Defendant: KONG PIK YI; Defendant: HUNG CHUNG MUN; Defendant: CHEN HANGSHENG; Defendant: HO PO KWONG SUNNY; Defendant: FUNG KA MAN; Defendant: AU YEUNG CHI KIN CHRISTOPHER; Defendant: KU KA WA; Defendant: LEE TAK HIN; Defendant: CHEUNG HING MAN; Defendant: TAM YU KUEN; Defendant: CHAN SHUE FUNG; Defendant: YAU WAI TO; Defendant: LAM HO SANG; Defendant: LAM YIU CHUN; Defendant: TSE TAT CHI; Defendant: CHAN HOI FUNG
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
1 April 2022
Case Number
DCCC238/2021
Procedural Posture
Criminal / Application for Consolidation (paper Disposal; Pre Trial)
Outcome
Application dismissed
Legal Topics
Riot, Assault on Police, Offensive Weapon, Consolidation of Trials, Trial Management
Source Language
EN
Criminal Law Procedure and Evidence Case Management Riot Assault on Police Offensive Weapon Consolidation of Trials Trial Management

Case Brief

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Parties

HKSAR

Prosecution

HO KA LOK

Defendant

LAU SHEUNG CHI

Defendant

WONG WAN SZE

Defendant

LAI HO PAN

Defendant

KONG PIK YI

Defendant

HUNG CHUNG MUN

Defendant

CHEN HANGSHENG

Defendant

HO PO KWONG SUNNY

Defendant

FUNG KA MAN

Defendant

AU YEUNG CHI KIN CHRISTOPHER

Defendant

KU KA WA

Defendant

LEE TAK HIN

Defendant

CHEUNG HING MAN

Defendant

TAM YU KUEN

Defendant

CHAN SHUE FUNG

Defendant

YAU WAI TO

Defendant

LAM HO SANG

Defendant

LAM YIU CHUN

Defendant

TSE TAT CHI

Defendant

CHAN HOI FUNG

Defendant

Procedural Posture

Criminal / Application for Consolidation (paper Disposal; Pre Trial)

Legal Issues

  1. 1 Whether the two indictable trials should be consolidated for a single trial
  2. 2 Whether consolidation would cause unfair prejudice to defendants including increased legal costs and disruption to counsel diaries
  3. 3 Public health risks associated with a larger consolidated trial during COVID-19

Ratio Decidendi

Given the proximity of the separately fixed 30-day trials (less than six months away) and absence of sufficient justification or material change to outweigh prejudice and logistical disruption, the judge exercised case management discretion to refuse consolidation and dismissed the application.

Court Disposition

Application dismissed

Orders

  • Prosecution's application to consolidate DCCC 238/2021 and DCCC 240/2021 is dismissed