Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Admissibility of prior trial testimony

Legal area

Court

14 Apr 2021

HKSAR v. NGAI HON KWONG

Citation

[2021] HKCA 496
Court

Court of Appeal
Case number

CACC32/2019

The trial judge materially misdirected the jury by treating 'deliberate' splashing as a required element of gross negligence manslaughter, thereby depriving the jury of a viable alternative verdict which the evidence abundantly supported; exercising its power under section 83A Cap 221 the Court substituted a conviction for manslaughter by gross negligence and imposed a 12-year term of imprisonment as the appropriate sentence given the extreme harm, culpability and need for deterrence.
27 Sept 2019

YIP YAN CHEUNG GARY also known as YIP YAN CHEUNG v. CHOW TIN CHOI

Citation

[2019] HKDC 1292
Court

District Court
Case number

DCCJ2645/2012

On the evidence (witness testimony, aerial and terrestrial photos, Declaration, and survey material) the defendant and family established continuous, exclusive possession with intention to exclude from about 1981 to 2001; therefore the plaintiff's title was extinguished under the Limitation Ordinance after 20 years (s38A), and the defendant acquired a possessory title; plaintiff's claim dismissed and defendant's counterclaim for declarations granted.