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Hong Kong decisions
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The Court of Appeal refused leave to appeal against a conviction for trafficking dangerous drugs, rejecting complaints about silence, directions, and DNA evidence.
The Court of Appeal refused an out-of-time application to appeal sentence for cocaine trafficking, finding no cogent reason for delay and no significant sentencing difference.
The Court of Appeal dismissed an in-person applicant’s motion for leave to appeal to the Court of Final Appeal, finding no question of great general or public importance.
On the rehearing of all evidence including repeated viewing of dashcam P1 and witness oral evidence, the court was satisfied beyond reasonable doubt that at 16:05:26 the appellant suddenly moved into the left‑three lane at close distance while the complainant had priority and showed no sign of yielding; that conduct lacked the required care and attention and constituted careless driving; the magistrate's credibility findings were supported by objective P1 evidence; the sentence of a fine HK$1,800 was within appropriate range given the circumstances and not manifestly excessive.
Source excerpt
The Court of First Instance dismissed a magistracy appeal against an indecent assault conviction, upholding the magistrate’s credibility findings and sentence.
The Court of Appeal dismissed an application for leave to appeal to the Court of Final Appeal, finding no question of great general or public importance and no arguable ground.
The Court of Appeal dismissed an unrepresented applicant’s motion for leave to appeal to the Court of Final Appeal, finding no question of general public importance.
The Court of Appeal refused to treat the applicant’s abandoned sentencing appeal as a nullity, holding she understood the consequences and would not have gained materially in any event.
District Court granted leave to appeal only on Ground 10 concerning foreseeability of loss of rental income, and refused leave on the other 12 grounds.
The Court of Appeal dismissed an application for leave to appeal to the Court of Final Appeal in a non-refoulement case, finding no public importance question or error in its judgment.
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