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Hong Kong decisions
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The Court of Appeal dismissed a non-refoulement appeal, holding there was no error of law or unfairness and that the minors’ claims were separately considered.
The court held the appellant's plea was voluntary, informed and unambiguous on the material facts; the admitted facts supported the alternative offence; his complaints lacked objective support and were inconsistent with records and earlier admissions, therefore there were no recognized legal grounds to invalidate the plea or to exercise discretion to permit withdrawal; appeal dismissed.
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The Court of Appeal held that the trial judge correctly found the CCTV exhibits authentic and sufficient to support conviction for count 2 after assessing working copies, original media and screenshots; the judge properly exercised discretion to exclude parts of the recorded interviews where there was a real risk of unfairness given the defendant's apparent wish to remain silent. However, the trial judge failed to adequately analyse the CCTV evidence on counts 3 and 4 and thus the acquittals were unsafe; the acquittals were set aside and those counts were remitted for trial before another Dis…
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The applicant's material did not engage the correct exercise of the court's discretion on costs and consisted of merits-based complaints, abusive and irrelevant allegations, and lacked particulars required to establish malice; prior unsuccessful proceedings further demonstrated no reasonable prospect of success on appeal. Therefore the interim costs order should not be varied and leave to appeal is refused; the interim costs order is made absolute and the applicant ordered to pay the respondent's costs on a summary basis.
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The trial judge's factual findings based on the CCTV footage were within her province, were not plainly wrong, and established that the applicant either actively struck or wilfully neglected to protect the children; therefore leave to appeal against conviction was refused and the convictions were upheld.
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The Court of Appeal dismissed a mother’s Hague Convention appeal and upheld an order returning two children to Australia, finding no grave risk under Article 13(b).
The Court granted freeing orders for two children and adoption orders for two others, holding that the absence of sibling contact did not breach BOR14 on these facts.
The court granted freeing orders for two children and adoption orders for two others, holding that sibling separation engaged privacy rights but was justified by best interests.
High Court ordered the return of two children to Australia under the Hague Convention, rejecting an Article 13(b) grave-risk defence based on the mother’s mental health.
The High Court found the trial judge did not err in principle or discretion: a 9‑month starting point was appropriate, a 3‑month uplift for repeat offending was justified and the one‑third guilty plea discount was properly applied, such that the 8‑month sentence was not manifestly excessive and was affirmed.
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