Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Appearance of justice

  • 19 Dec 1995

    AARON PATRICK NATTRASS v. THE ATTORNEY-GENERAL

    Citation
    AARON PATRICK NATTRASS v. THE ATTORNEY-GENERAL
    Court
    Court of First Instance
    Case number
    HCMP2337/1995

    The judge's ruling to discharge himself was amenable to judicial review; the correct test is the 'real danger' test from R v Gough and, when a judge assesses his own possible unconscious bias, he may permissibly consider whether an informed and fair observer would think there was a real danger, but that observer's view is only a factor not the decisive test; Judge Caird misapplied the test by giving conclusive weight to the appearance to an observer and by treating the mere fact of an application to recuse as a permissible basis to recuse; therefore the ruling was quashed and mandamus ordered…

  • 16 Feb 1984

    THE QUEEN v. LAU HAY TONG

    Citation
    THE QUEEN v. LAU HAY TONG
    Court
    Court of First Instance
    Case number
    HCMA30/1984

    Because the magistrate recorded a ruling finding the caution statement voluntary and admissible before affording the defence an opportunity to make submissions, the procedure risked creating a justifiable grievance and an appearance of injustice; accordingly the appeal is allowed and the conviction quashed.

  • 2 Aug 1978

    LAI CHUK-TING AND OTHERS v. THE QUEEN

    Citation
    LAI CHUK-TING AND OTHERS v. THE QUEEN
    Court
    Court of Appeal
    Case number
    CACC1065/1977

    Appeal allowed because the appearance that the trial judge had written Reasons for Verdict before hearing the 1st Appellant's final submissions undermined the appearance of justice and rendered the conviction unsafe; the need for justice to be seen to be done outweighs the presumption of a judge's impartiality.