Hong Kong Case Law: Decisions & Judgments

Topic

Appellate review of findings

Legal area

Court

21 Sept 2022

香港特別行政區訴劉家樂

Citation

[2022] HKCFI 2914
Court

Court of First Instance
Case number

HCMA5/2022

An acquitted defendant should ordinarily receive costs; a magistrate must have solid justification to refuse costs on grounds of the defendant's conduct. The magistrate's factual inference that the appellant first steered then braked was open to doubt and, in any event, the appellant's immediate evasive action was a reasonable response and did not amount to conduct giving rise to self‑suspicion. Accordingly the refusal of costs was overturned and costs awarded to the appellant.
29 Jan 2021

香港特別行政區訴李育誠

Citation

[2021] HKCFI 144
Court

Court of First Instance
Case number

HCMA213/2020

On the whole evidence the trial judge was entitled to reject the appellant's explanations as inherently improbable; given the nature, quantity and storage (two large pepper sprays totaling c.900ml and two narrow heavy metal bats) and that they were taken from the boot, the only reasonable inference was that they were possessed for use to injure; therefore the elements of possession of offensive weapons were proved and the conviction was upheld; however the 18-month term was disproportionate in all the circumstances and was reduced to reflect time served, resulting in immediate release.
17 Jul 2020

香港特別行政區訴馮廣陵

Citation

[2020] HKCFI 1594
Court

Court of First Instance
Case number

HCMA401/2019

Appellant's entry into the bus lane was undisputed and, on the totality of evidence, the trial magistrate's adverse credibility findings were sustainable; appellant knew a bus lane existed at the location and could and should have changed lanes earlier rather than risk driving into the bus lane; therefore appellant had not established a reasonable excuse and the conviction was safe; the sentence (HK$2,500 fine) was not manifestly excessive and was upheld.
3 Jun 2020

香港特別行政區訴陳正釗

Citation

[2020] HKCFI 869
Court

Court of First Instance
Case number

HCMA588/2019

The trial judge rationally preferred the evidence of the independent eyewitness (PW2) and accepted the complainant's contemporaneous complaint; the photographic evidence was not essential to the decision and the appellant failed to show any irrationality or impossibility in the judge's credibility findings, therefore the conviction is upheld.
30 Jul 2019

香港特別行政區訴 NURLAELA Dusja

Citation

[2019] HKCFI 1850
Court

Court of First Instance
Case number

HCMA67/2019

The trial judge's assessment of witness credibility and inferences as to the appellant's intent were supported by evidence (taking money for a false promise, lack of means to arrange employment, and the nature of the partial repayment). There was no basis for appellate interference, so the convictions on counts 4 and 6 and the sentence were upheld.
28 Oct 2016

香港特別行政區訴林松偉

Citation

香港特別行政區訴林松偉
Court

Court of First Instance
Case number

HCMA268/2016

The trial judge permissibly accepted the evidence of PW1 and the investigating police as honest and reliable, found on the facts that the appellant drove without due care causing a collision, and the appellate court found no error in the judge's evaluation or legal approach; accordingly the prosecution proved the offence beyond reasonable doubt and the conviction must stand.
10 Feb 2015

TSANG CHIU WING FLORENCE (also known as LI TSANG, CHIU WING FLORENCE) v. LI KIN KAN SAMATHUR AND OTHERS

Citation

TSANG CHIU WING FLORENCE (also known as LI TSANG, CHIU WING FLORENCE) v. LI KIN KAN SAMATHUR AND OTHERS
Court

Court of Final Appeal
Case number

FAMV39/2014

Leave to appeal was dismissed because none of the questions raised disclosed arguable points of law of general or public importance or exceptional 'or otherwise' grounds; section 17 consent orders set aside transfers without determining beneficial ownership or creating issue estoppel; the Court of Appeal correctly reversed the Judge's legal error in excluding the probability that a third party would exercise contractual rights because of divorce; and the Court of Appeal properly exercised its discretion in setting aside the fighting fund and treating recoverable costs as part of the wife's re…
17 Oct 2012

香港特別行政區訴馬招快

Citation

香港特別行政區訴馬招快
Court

Court of First Instance
Case number

HCMA556/2012

The trial judge properly exercised case management, correctly assessed the video and witness evidence, took into account the witness's interest, and lawfully gave no weight to inconsistent unsworn meeting records; the proposed fresh evidence would not have affected the safety of the conviction, so the conviction is upheld and the appeal dismissed.
21 Aug 2008

HKSAR v. STINEMEYER, GERALD

Citation

HKSAR v. STINEMEYER, GERALD
Court

Court of First Instance
Case number

HCMA437/2008

The appeal was dismissed because the appellate court found no indication the magistrate was mistaken in crediting the prosecution witness and rejecting the appellant's account; the totality of evidence (possession of a New World bag, concealment of cans, leaving without payment and small amount of cash) supported the magistrate's finding of dishonesty and intention to permanently deprive, and procedural deficiencies asserted did not merit upsetting the verdict on appeal.
30 Aug 2007

HKSAR v. LEE WAI HUEN

Citation

HKSAR v. LEE WAI HUEN
Court

Court of First Instance
Case number

HCMA528/2007

The magistrate was entitled to find the victim credible and that an incident involving the plucking of the complainant's brassiere strap occurred; that error in characterising the appellant's remark as an admission was not material to the guilty finding; however the assault was low on the scale of gravity and the original custodial sentence was excessive and should be substituted by a fine of HKD 1,500 payable from bail.