Hong Kong Case Law: Decisions & Judgments

Topic

Adjournment for evidence

Legal area

Court

7 Oct 2014

LEUNG WAN MING v. LIE MEY FONG

Citation

LEUNG WAN MING v. LIE MEY FONG
Court

Court of First Instance
Case number

HCA1267/2011

The court allowed the amendment to the summons but treated it as an Order 45, r 6 application and adjourned argument to give the defendant a genuine last chance to file reply evidence; the court refused leave to file the additional expert report by Dr Eddie Lam due to lack of satisfactory explanation and impermissible expert shopping; the existing Joint Expert Report remains in place and parties must file a supplemental joint expert report highlighting changes, and detailed costs orders were made allocating costs between the parties.
30 Jan 1997

R. v. LEUNG WING KWONG

Citation

R. v. LEUNG WING KWONG
Court

Court of First Instance
Case number

HCMA1177/1996

The conviction was quashed and sentence set aside because the magistrate's refusal to adjourn deprived the appellant of the opportunity to adduce a material medical report that could have assisted his defence and affected the magistrate's assessment of the police evidence; the prosecution conceded prejudice and, given the appellant had effectively served the sentence, a retrial was not ordered.
3 Mar 1995

R. v. LAM YIN

Citation

R. v. LAM YIN
Court

Court of First Instance
Case number

HCMA1592/1994

Although the magistrate did not err in accepting unequivocal guilty pleas in the absence of clear indications the defendant was unaware of the charge or his rights, the alleged misrepresentation by an immigration officer was capable of vitiating the pleas and required factual inquiry; the magistrate should have adjourned to elicit evidence or the appellate court should hear the evidence, therefore the appeal is adjourned for a factual hearing.

Hong Kong Case Law

LEUNG WAN MING v. LIE MEY FONG

R. v. LEUNG WING KWONG

R. v. LAM YIN