Hong Kong Case Law

香港特別行政區 訴 陳偉強

Court

Court of Appeal

Case number

CACC160/2021

The Court held P8A was admissible and, on its proper interpretation, unambiguously supported the prosecution's case that the applicant suggested or referred to HK$200,000 to 'settle' matters so X would not give evidence; alleged deficiencies in trial counsel did not cause a miscarriage of justice because even if the omitted lines of defence had been fully advanced or the applicant had testified the powerful effect of P8A and other evidence would not have been undermined; therefore leave to appeal was refused and the conviction upheld.

Source excerpt

• Intention to pervert course of public justice
• Admissibility of surreptitious recording
• Witness credibility
• Ineffective assistance of counsel
• Miscarriage of trial

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IP KIT LEUNG v. CHAN SZE LAM trading as WANG CHUN ENVIRONMENTAL PROTECTION DEVELOPMENT COMPANY

Court

District Court

Case number

DCPI732/2022

The District Court dismissed a costs summons, upheld an order nisi for indemnity costs, and ordered the plaintiff to pay HK$54,315 forthwith.

• Indemnity costs
• Dishonest claim
• Costs summons
• Assessment of costs
• Penalising fraud
• Assigned counsel duties

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馮承宗 對 蔡景紅

Court

Court of First Instance

Case number

HCMP2129/2024

The application to remove the plaintiff's legal representatives is dismissed because the defendant failed to demonstrate unlawful or improper conduct sufficient to justify the rare exercise of the court's inherent jurisdiction; the law firm acted within the plaintiff's rights under the absolute charge and no prior court sale order was required; therefore the defendant's application lacked an effective basis.

Source excerpt

• Removal of legal representative
• Conflict of interest
• Absolute charge
• Sale order
• Judicial inherent jurisdiction
• Costs

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香港特別行政區 訴 蘇家玉

Court

Court of Appeal

Case number

CACC151/2022

The Court held the trial defence advocacy was not constitutionally or professionally deficient: counsel gave reasonable, informed advice in light of contemporaneous authorities and the client’s instructions and vulnerabilities; the applicant’s choice not to give evidence was an informed exercise of her right. On the evidence (including video and environmental evidence) the prosecution proved beyond reasonable doubt that the applicant was part of the riot group. Consequently the leave application and appeal against conviction were dismissed and the conviction and sentence were affirmed.

Source excerpt

• Riot (暴動)
• Right to silence / decision to give evidence
• Ineffective assistance of counsel
• Circumstantial evidence and inferences
• Video evidence

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THE LAW SOCIETY OF HONG KONG v. CHAN DORIS KA YEE, formerly A CLERK OF MESSRS CHAN, WONG & YIP, SOLICITORS

Court

Court of Appeal

Case number

CAMP156/2024

The Court of Appeal granted the Law Society leave to appeal from SDT findings dismissing complaints against a former clerk for failure to reply to inquiries.

• Solicitors disciplinary proceedings
• Leave to appeal
• Misconduct for failure to respond to regulator
• Section 2(2) lpo
• Principle 6.04 of the guide
• Leave-to-appeal

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RODERICK MILLER v. THE LAW SOCIETY OF HONG KONG

Court

Court of Appeal

Case number

CACV529/2018

The Court of Appeal found apparent bias in a solicitors’ disciplinary case, reduced fines, varied practising-certificate conditions, and set aside indemnity costs.

• Apparent bias/recusal
• Solicitors disciplinary procedure
• Penalty quantum
• Indemnity costs vs party-and-party costs
• Conditions on practising certificate
• Disclosure and discovery

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THE BAR COUNCIL v. A BARRISTER

Court

Court of Appeal

Case number

CACV365/2022

The Court of Appeal dismissed a barrister’s disciplinary appeal, upheld the Tribunal’s finding of misconduct at a mediation, and confirmed the two-month suspension and costs order.

• Barristers disciplinary tribunal
• Advocate's immunity
• Jurisdiction of appeals
• Costs orders
• Standard of proof
• Judicial review

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A BARRISTER v. THE BAR COUNCIL

Court

Court of Appeal

Case number

CACV365/2022

The Court of Appeal dismissed a barrister’s summons to adduce fresh evidence and to have his disciplinary appeal heard on paper, awarding costs to the Bar Council.

• Admission of fresh evidence on appeal
• Appeal hearing mode (paper vs oral)
• Conflicts/bias allegations
• Costs assessment
• Fresh-evidence-on-appeal
• Paper-hearing

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THE LAW SOCIETY OF HONG KONG v. A SOLICITOR

Court

Court of Appeal

Case number

CACV63/2022

The Court of Appeal set aside a 24-month suspension and ordered striking off for persistent, serious breaches involving client money and accounts.

• Striking off
• Suspension
• Misappropriation of client funds
• Accounting breaches
• Professional misconduct
• Striking-off

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HKSAR v. MA KA KIN

Court

Court of Appeal

Case number

CACC297/2019

The Court of Appeal quashed Ma Ka Kin’s conviction for attempting to traffic cocaine, finding prejudicial directions, inadequate warnings on exhibits, and a lurking doubt.

• Drug trafficking
• Change of plea
• Lurking doubt/unsafe conviction
• No case to answer (galbraith)
• Use of prior statements and exhibits
• Conflict of interest by defence representatives

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