Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Bill of rights article 11(4)

Legal area

Court

23 Aug 2002

HKSAR v. WONG TAT CHUEN

Citation

HKSAR v. WONG TAT CHUEN
Court

Court of Appeal
Case number

CACC509/1996

Where a statute prescribes a mandatory life sentence for murder, the Court has no jurisdiction to entertain an appeal solely against sentence and an application for leave out of time to appeal the sentence is misconceived; an appeal against conviction provides the required review under BOR art 11(4).
4 Jun 1998

SECRETARY FOR JUSTICE v. WONG SAU FONG

Citation

SECRETARY FOR JUSTICE v. WONG SAU FONG
Court

Court of Appeal
Case number

CACC55/1997

The trial judge erred in applying the English Theft Act requirement of intent to make permanent default; s.18B(1)(b) requires no permanent-default intent. Reading s.84(c) of the District Court Ordinance consistently with Article 11(4) of the Bill of Rights permits the Court of Appeal to reverse the acquittal and order the trial to be resumed in the District Court; accordingly the acquittal was reversed and the trial remitted.