Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Alternative conviction

  • 9 Mar 1990

    THE QUEEN v. WONG WING YUI AND ANOTHER

    Citation
    THE QUEEN v. WONG WING YUI AND ANOTHER
    Court
    Court of Appeal
    Case number
    CACC483/1989

    Where drugs have been rendered into joint possession for the personal consumption of those jointly possessing them, that state of joint possession does not necessarily establish possession 'for the purpose of unlawful trafficking'; convictions for trafficking must be quashed and substituted with simple possession where appropriate.

  • 13 May 1978

    KWOK HUNG v. THE QUEEN

    Citation
    KWOK HUNG v. THE QUEEN
    Court
    Court of Appeal
    Case number
    CACC284/1978

    The magistrate had statutory and common law power to convict of a lesser or alternative offence proved at trial by virtue of s.149(2) Crimes Ordinance and s.51(2) Criminal Procedure Ordinance (supplemented by common law authority such as Bostock); s.27 Magistrates Ordinance governs a distinct situation of amending charges and protecting procedural rights but does not preclude the magistrate, when satisfied on all evidence that another offence is proved, from convicting without formal amendment. However, on the facts the conviction was unsafe because the magistrate accepted evidence amounting…