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Hong Kong Case Law

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Criminal law [2018] HKCFI 2594

SECRETARY FOR JUSTICE v. CHENG KA YEE AND OTHERS

The court held it had no power to award magistrates’ trial costs in this prosecution appeal, but ordered the respondents' full costs of the appeal.

  • Costs in criminal cases
  • Power to award costs on magistracy appeal
  • Section 120 magistrates ordinance
  • Costs in criminal cases ordinance
  • Criminal-costs
  • Magistrates-appeals
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Criminal law HKSAR v. CHEUNG KIN CHUNG

HKSAR v. CHEUNG KIN CHUNG

Appeals against refusal of five private summons applications were dismissed. The court held the magistrate had good cause to refuse them and found no bias.

  • Private summons
  • Issue of summons
  • Service of process
  • Absence of appellant
  • Judicial bias
  • Hong kong bill of rights ordinance
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Criminal law HKSAR v. WONG KAM FUNG

HKSAR v. WONG KAM FUNG

The Court of Final Appeal refused leave to appeal in a criminal matter, holding that an admitted slap supported a substituted conviction for common assault.

  • Assault occasioning actual bodily harm
  • Common assault
  • Admission in evidence
  • Leave to appeal
  • Magistrates ordinance s.119(1)(g)
  • Criminal-law
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Criminal law HKSAR v. TSE SO SO

HKSAR v. TSE SO SO

The Court of Final Appeal held that magistrates may amend informations before trial as an implied ancillary power. Section 27 governs amendments by the trial magistrate during trial.

  • Amendment of information
  • Section 27 magistrates ordinance
  • Time-bar under section 26
  • Implied ancillary powers
  • Summary jurisdiction
  • Amendment-of-information
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Criminal law PUN CECIL v. KOWLOON CITY MAGISTRACY

PUN CECIL v. KOWLOON CITY MAGISTRACY

The Court of First Instance quashed a magistrate’s revocation of a community service order and re-sentence, holding the statutory precondition had not been proved.

  • Community service order
  • Breach of community service order
  • Procedural fairness
  • Remedies (certiorari and quashing)
  • Costs
  • Judicial-review
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Criminal law YEUNG CHUN PONG v. SECRETARY FOR JUSTICE

YEUNG CHUN PONG v. SECRETARY FOR JUSTICE

Court of Appeal held the matter arose in a criminal cause or matter and certified two questions to the Court of Final Appeal under s32, with costs reserved.

  • Autrefois plea
  • Double jeopardy
  • Committal proceedings
  • Jurisdiction of magistrates
  • Certification to court of final appeal under s32
  • Autrefois-plea
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Criminal law HKSAR v. LAU WAI WO

HKSAR v. LAU WAI WO

The Court of First Instance dismissed an appeal against a binding over order made after acquittal, holding that the magistrate could make the order without the defendant’s consent.

  • Binding over
  • Keep the peace
  • Recognizance
  • Consent to binding over
  • Judicial warning and representations
  • Preventive justice
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Criminal law HKSAR v. FONG CHUN KWOK

HKSAR v. FONG CHUN KWOK

Appeal against conviction and sentence for theft. The conviction was upheld, but the sentence was reduced from 10 months to 7 months after mitigation was reconsidered.

  • Theft
  • Bias and recusal
  • Intention to permanently deprive
  • Review of magistrate's decision
  • Mitigation due to mental illness
  • Judicial-bias
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Criminal law THE SECRETARY FOR JUSTICE v. HO YUI SING (R2)

THE SECRETARY FOR JUSTICE v. HO YUI SING (R2)

The Court of Appeal held that absolute discharges for first-time shoplifting were wrong in principle and manifestly inadequate, but declined to increase the sentences.

  • Shoplifting
  • Absolute discharge
  • Bind over
  • Sentencing principles
  • Prosecution discretion
  • Manifestly inadequate sentence
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Administrative law In re Cheung Man Kwong

In re Cheung Man Kwong

The High Court quashed a magistrate’s paper dismissal of a review application, holding that the Fixed Penalty review period depends on personal notice and may require an oral hearing.

  • Judicial review
  • Section 104 magistrates ordinance
  • Fixed penalty (criminal proceedings) ordinance
  • Time limits for review
  • Right to be heard in open court
  • Judicial-review
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Hong Kong decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.