Hong Kong Case Law: Decisions & Judgments

Topic

Attempt to pervert course of public justice

Legal area

Court

31 Jul 2020

HKSAR v. CHEUNG KIN CHUNG

Citation

[2020] HKCFI 1239
Court

Court of First Instance
Case number

HCMA198/2019

The Magistrate correctly refused to issue the private summonses because the appellant failed to provide sufficient material to show the essential ingredients of the alleged offences were prima facie present; Article 10 did not require a public hearing for the preliminary refusal; s44 does not empower obtaining records and ss21-22 do not apply prior to a summons; allegations of bias and insufficiency of reasons failed; appeals dismissed.
31 Jul 2020

HKSAR v. CHEUNG KIN CHUNG

Citation

[2020] HKCFI 1239
Court

Court of First Instance
Case number

HCMA196/2019

The appeals were dismissed because the appellant failed to supply necessary material to show that the essential ingredients of the alleged offences were prima facie present; the Magistrate acted within the statutory power to refuse issuance of summonses for good cause under s8(1B)(b); statutory provisions relied on by appellant (s44 Cap 200; ss21/22 Cap 227) do not empower the court to obtain tribunal records or compel production prior to institution of proceedings; Article 10 BOR did not apply to the Magistrate's decision whether to issue private summonses; no actual or apparent bias was est…
2 Mar 2012

HKSAR v. YEUNG WAI BIRNEY

Citation

HKSAR v. YEUNG WAI BIRNEY
Court

Court of Appeal
Case number

CACC176/2010

The Court held that contacting a prosecution witness is not per se unlawful but letters here constituted improper pressure and intimidation designed to force the witness to act against her will by asserting privilege or refraining from testifying; such means had the requisite tendency and intention to pervert the course of public justice and sustained conviction of Wong. By contrast Yeung's conviction was unsafe because his role was largely peripheral, he acted as a cipher signing letters on counsel's instructions and the evidence did not establish beyond reasonable doubt that he possessed th…
3 Feb 2004

HKSAR v. HUNG LAP CHUN

Citation

HKSAR v. HUNG LAP CHUN
Court

Court of Appeal
Case number

CACC321/2002

The court held the trial judge was entitled to find that the applicant's telephone calls and fax were admissions and an attempt to procure false evidence to conceal her theft; the judge's credibility findings concerning PW4 were justified on the evidence; the applicant's complaints and proposed fresh evidence had been abandoned or lacked merit; accordingly, renewal of leave to appeal was dismissed.
4 May 1981

YEUNG SAU SHING v. THE QUEEN

Citation

YEUNG SAU SHING v. THE QUEEN
Court

Court of Appeal
Case number

CACC80/1981

Although the Statement of Findings had imperfections and some factual misstatements, the magistrate properly assessed demeanour, documentary evidence and credibility and there was ample cogent evidence to sustain the conviction; the appeal is dismissed as the verdict was not shown to be unsafe.

Hong Kong Case Law

HKSAR v. CHEUNG KIN CHUNG

HKSAR v. CHEUNG KIN CHUNG

HKSAR v. YEUNG WAI BIRNEY

HKSAR v. HUNG LAP CHUN

YEUNG SAU SHING v. THE QUEEN