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Hong Kong decisions
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The Court of Appeal held that the FDR memorandum was protected by FDR confidentiality, was inadmissible at the ancillary relief trial, and allowed the appeal.
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 dismissed a summons to adduce 125 pages of late-disclosed documents in a probate dispute, holding the plaintiffs had not justified a delay of about 2.5 years.
The District Court refused a post-acquittal costs application by the 1st Defendant, holding that his conduct during investigation gave positive reasons to deny costs.
The court imposed interim confidentiality conditions on KPMG documents sought in specific discovery and ordered the plaintiffs to pay the defendant HK$300,000 in summary-assessed costs.
The appeal is dismissed because on full re-examination of the evidence the Court is satisfied beyond reasonable doubt the prosecution proved the offence: CCTV was inconclusive and did not displace the complainant’s stable account of being rubbed for about 30 seconds by an erect penis; the trial judge lawfully and reasonably assessed credibility and reliability; remand for psychiatric reports was within judicial discretion and for legitimate sentencing purposes; the custodial sentence of 2 months and activation of the prior 2-month suspended term were proportionate given the offence and prior…
Source excerpt
Leave to appeal was granted in part because the applicant demonstrated arguable errors of law or principle in the Tribunal's handling of specific items (items 5,6,8,12) regarding whether the tenant could discharge repair obligations by the least onerous method and in the assessment of repair duration and rent loss (items 14 and 15) including responsibility for rent during key transit; all other factual findings were not shown to be plainly wrong and leave was refused for those items; costs to follow the appeal outcome.
Source excerpt
The Court of Appeal refused leave to appeal against conviction, but granted leave to appeal against sentence out of time in a cocaine trafficking case.
The District Court held that the defendant owed the plaintiff HK$500,000 personally, finding the loan was made by the plaintiff despite funds being advanced through Tak Lee.
Court of Appeal refused leave on conviction but allowed sentence appeal, reducing a drug-trafficking sentence to 23 years after applying revised guidelines.
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