Hong Kong Case Law: Decisions & Judgments

Topic

Assault with intent to prevent lawful apprehension

Legal area

Court

19 Feb 2004

HKSAR v. PATRICK DANIEL MORAIS AND ANOTHER

Citation

HKSAR v. PATRICK DANIEL MORAIS AND ANOTHER
Court

Court of First Instance
Case number

HCMA915/2003

The appeal was allowed and convictions quashed because the Magistrate relied on Chinese audio from CCTV without a transcript or certified translation and effectively translated it himself without notice, a material irregularity whose effect on credibility and verdicts could not be ascertained; this, together with errors regarding the timing of the police call and failure properly to consider custody and intent, rendered the convictions unsafe.
14 Mar 2003

HKSAR v. NG WAI HING

Citation

HKSAR v. NG WAI HING
Court

Court of Appeal
Case number

CACC621/2002

Leave to appeal against conviction refused because the trial judge's credibility findings were upheld and the conviction was not shown to be unsafe; leave to appeal against sentence granted limited to the question whether the hotel room is to be treated as domestic premises, to be determined by a full panel of the Court of Appeal.
21 Sept 1995

THE QUEEN v. FUNG MUI-LEE

Citation

THE QUEEN v. FUNG MUI-LEE
Court

Court of Appeal
Case number

CACC22/1995

Appeal allowed because the trial judge materially misdirected the law by relying on a common‑law presumption of intent contrary to s.65A and by placing the legal burden on the defendant to prove lack of intent/automatism on the balance of probabilities; those errors rendered the evaluation of the defence improper and the convictions and sentences unsafe and therefore must be set aside.
16 Feb 1990

THE QUEEN v. YAN TIM CHOI

Citation

THE QUEEN v. YAN TIM CHOI
Court

Court of First Instance
Case number

HCMA48/1990

The conviction was upheld because the magistrate considered the discrepancies and the appellate court was not satisfied the verdict was unsafe; the costs order under section 69(1) was a proper exercise of the magistrate's discretion and will not be interfered with.
2 Sept 1975

YUEN SHU KAN @ CHAN CHI MING AND ANOTHER v. THE QUEEN

Citation

YUEN SHU KAN @ CHAN CHI MING AND ANOTHER v. THE QUEEN
Court

Court of Appeal
Case number

CACC430/1975

Conviction for assault could not stand because the prosecution failed to prove beyond reasonable doubt that the appellant intended to threaten the constable or did an act, beyond pausing with a knife in hand, that would unequivocally constitute an assault; ambiguous testimony that the knife was held "in a threatening manner" without clarification was insufficient to support a safe verdict.

Hong Kong Case Law

HKSAR v. PATRICK DANIEL MORAIS AND ANOTHER

HKSAR v. NG WAI HING

THE QUEEN v. FUNG MUI-LEE

THE QUEEN v. YAN TIM CHOI

YUEN SHU KAN @ CHAN CHI MING AND ANOTHER v. THE QUEEN