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Hong Kong decisions
Decisions matching the current search
The Court of Appeal refused an out-of-time renewal for leave to appeal against conviction in a robbery case, dismissed the appeal, and ordered two months' loss of time.
District Court judgment dismissing a personal injuries claim arising from a police arrest, holding the force used and handcuffing were reasonably necessary.
The Court of Appeal addressed authentication of open-source video evidence, identification from footage, and sentence appeals in a police assault case arising from Occupy Central protests.
The statement of claim did not disclose a reasonable cause of action: the allegations were vague, internally inconsistent and failed to plead essential facts for malicious prosecution or false imprisonment (eg no prosecution/conviction; detention shown to be lawful). Amendment would not cure the defects. Therefore the claim was properly struck out under O.18 r.19(1)(a) and all claims dismissed.
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Court of Appeal judgment on leave to appeal in a police assault conviction case, addressing digital video authenticity, journalistic material, identification, and sentence.
Court of Appeal held the recent complaint exception was wrongly applied, but still dismissed the appeal because the remaining evidence supported conviction.
The Court concluded the trial judge failed to address significant unresolved credibility issues—notably PW2's conduct and the implications for PW1 and PW4—such that the conviction was rendered unsafe; accordingly the appeal was allowed and the conviction quashed.
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Court of Appeal held that nondisclosure of a contemporaneous complaint against the same investigating team was material, quashed the murder conviction, and ordered a retrial.
The Court of Appeal upheld drug and assault convictions, holding that the trial judge’s remarks and interventions did not make the verdict unsafe.
The court dismissed a personal injuries claim alleging three police assaults, finding the plaintiff and family unreliable, accepting the police evidence, and rejecting causation and phobia claims.
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