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Hong Kong decisions
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The District Court granted possessory title by adverse possession over the Lots, rejected illegality and public policy defences, and dismissed the counterclaim.
The appeal was dismissed because the appellate court deferred to the trial judge's careful and coherent credibility findings accepting the prosecution witnesses whose evidence established that the appellant disposed the items in a public planter; no basis existed to interfere with the conviction.
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The magistrate did not err in law or in the exercise of discretion: although the defence under s33(b) produced reasonable doubt and led to acquittal, the magistrate properly considered the appellant's suspicious conduct, timing and late explanations when exercising her separate discretion on costs and lawfully refused to award costs; therefore the appeal against the refusal of costs is dismissed.
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The trial judge permissibly found on the evidence that the main contractor initiated and benefited from the work, had overall control of the site and supervisory arrangements, and therefore 'caused' the use of the powered grinder within the ordinary meaning of 'cause' under Paul Y; the offences are strict liability and the judge's credibility findings rejecting the defence of being deceived were open to him, so the conviction stands.
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The judge accepted the police evidence as honest and reliable, found the inconsistencies were not sufficient to raise a reasonable doubt, accepted the prosecution's explanation for the re-demonstration and lack of recording, and concluded the prosecution proved beyond reasonable doubt that the appellants used an amplifying device causing noise in contravention of Cap.400 s5(1)(b) and s5(5); accordingly the appeal was dismissed and convictions affirmed.
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Building contract dispute over defective workmanship, cooperation, and liquidated damages. The court allowed set-off and entered net judgment for the defendant.
Judicial review of a planning enforcement notice was dismissed. The court held the Director of Planning followed statutory procedures and that the 1991 amendments operated retrospectively in limited effect.
Appeal against sentence allowed in part; the fine for excessive smoke by a public light bus was reduced to $100 after later fixed penalties were noted.
Appeal against sentence dismissed. The court held the sentence was not manifestly excessive for unauthorised excavation causing serious land instability and high reinstatement costs.
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