Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Appeal - substantial and grave injustice

Legal area

Court

9 Nov 2016

HKSAR v. LI SHUK WOON

Citation

HKSAR v. LI SHUK WOON
Court

Court of Final Appeal
Case number

FACC3/2016

Amended Charge 7 was not duplicitous because the various acts of dealing with bank deposits, concealed jewellery and cash were sufficiently connected and formed part of a continuing activity with the common purpose of concealing property of illicit origin; there was no demonstrated prejudice to the appellant as she advanced a common defence in respect of all items, no objection was raised at trial, and the trial judge gave detailed reasons addressing each explanation, so no substantial and grave injustice arose.
15 Jul 2011

VIVIEN FAN AND OTHERS v. HKSAR

Citation

VIVIEN FAN AND OTHERS v. HKSAR
Court

Court of Final Appeal
Case number

FACC11/2010

The conviction(s) based on conspiracy must be quashed because the trial judge misused the co-conspirators rule by relying on unspecified documents admitted under that rule without identifying them to the defence, thereby rendering the trial unfair; the proviso could not be applied because the conviction(s) were not shown to be inevitable on the properly admissible evidence; additionally, the conviction for false statement by a director had to be quashed because the Court of Appeal failed properly to review the trial judge's findings in light of the quashing of related conspiracy convictions;…