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Hong Kong decisions
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The Hong Kong Court of Appeal refused leave to appeal against sentence for conspiracy to commit misconduct in public office arising from prison telephone and cigarette contraband.
The court dismissed Chow Hang Tung’s judicial review over prison uniform rules requiring female prisoners to wear long trousers in summer.
The Court of First Instance quashed the Board’s refusal to grant conditional release, holding it failed to apply the required holistic s8 assessment.
The Court of First Instance refused a certificate to appeal under section 32 of the CFA Ordinance, holding the proposed point was neither of great and general importance nor reasonably arguable.
The Court of Appeal dismissed Ma Chun Man’s challenge to the Commissioner’s non-referral decision, holding that article 5(1) was not engaged and the national security threshold was lawful.
Reg 47(4) must be read in context of the Prisons Rules and scheme: while it mandates that the supervisor permit prisoners to write and send correspondence to designated persons, that mandate is subject to lawful, contextual preconditions necessary to maintain prison security and to enable the supervisor to perform that duty. Prison security handling and record‑keeping (as evidenced in reg 47C and the witnesses' evidence of established procedures) are lawful and operative conditions for a communication to be treated as authorised. A1 failed to notify staff and did not submit P6 to the required…
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The District Court dismissed a prisoner’s tort claim arising from a 2015 prison incident, rejecting allegations of assault, fabrication, and malicious prosecution.
The Court of First Instance rejected most challenges to SNSO amendments affecting remission and early release for national security offenders, but granted leave on procedural unfairness.
Leave to appeal is refused because the pleaded causes of action were long time‑barred under s27 of the Limitation Ordinance, the applicant provided no convincing explanation for the delay, the factual basis for the claim (and the novel allegations of impropriety) lacked any evidential support, and there is no reasonable prospect of success or other reason in the interests of justice to grant leave.
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After conducting a rehearing and viewing the CCTV, the court accepted the trial judge's credibility findings and concluded beyond reasonable doubt that the appellant intentionally kicked the officer and did not act in bona fide self-defence; conviction was therefore upheld.
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