Hong Kong Case Law: Decisions & Judgments

Topic

Conviction substitution

Legal area

Court

19 Jul 2019

香港特別行政區訴詹景而

Citation

[2019] HKCFI 1720
Court

Court of First Instance
Case number

HCMA578/2018

The trial judge erred in convicting for dangerous driving because the evidence established low speed, intent to pass through a gap, and minimal real risk to pedestrians; however, entering a pedestrian-only area and causing pedestrians to give way demonstrated a failure to take reasonable care sufficient for careless driving, so the dangerous driving conviction was quashed and substituted with careless driving.
11 Jul 2014

HKSAR v. THE HONGKONG ELECTRIC CO LTD

Citation

HKSAR v. THE HONGKONG ELECTRIC CO LTD
Court

Court of First Instance
Case number

HCMA751/2013

The Operating Licence and Certificate of Survey were not notices under s11(2); non‑compliance with an alleged notice does not dispense with the statutory requirement to assess whether crew numbers were sufficient under s11(1)(a); the magistrate failed to determine sufficiency or adduce evidence on crew qualification and vessel condition; accordingly conviction could not stand and was quashed.
8 Oct 2010

HKSAR v. CHENG KONG SANG

Citation

HKSAR v. CHENG KONG SANG
Court

Court of Appeal
Case number

CACC371/2008

The trial judge's rejection of the defence relied on an erroneous factual assumption and unsupported findings; on the evidence the prosecution failed to prove beyond reasonable doubt that the applicant possessed the heroin for the purpose of trafficking, therefore the conviction for trafficking was unsafe and was set aside and substituted with a conviction for simple possession contrary to s8 Cap.134; applicant remanded pending DATC report under s54A.
14 May 1997

R. v. LIU CHUN KIT

Citation

R. v. LIU CHUN KIT
Court

Court of First Instance
Case number

HCMA18/1997

The court was sure there was an assault but not sure there was the necessary intent to render it indecent; therefore the conviction for indecent assault was quashed and substituted with common assault and the fine reduced.
7 Jun 1988

THE QUEEN v. YIP CHING YUEN

Citation

THE QUEEN v. YIP CHING YUEN
Court

Court of First Instance
Case number

HCMA153/1988

The magistrate failed to give adequate reasons for rejecting the appellant's account; on review of the evidence (income, packaging, small net heroin quantity, long history of addiction and absence of evidence pointing to trafficking) the appellate court found on the balance of probabilities that the drugs were for personal use and substituted a conviction for simple possession under section 8(1), reducing the sentence to nine months' imprisonment concurrent with sentences being served.
22 Jul 1978

CHU HEUNG-KEI v. THE QUEEN

Citation

CHU HEUNG-KEI v. THE QUEEN
Court

Court of Appeal
Case number

CACC656/1978

Because the particulars contained no allegation of trafficking and the evidence only established possession, the appellate court substituted a conviction for simple possession and reduced the sentence.
18 Aug 1971

WONG CHING v. THE QUEEN

Citation

WONG CHING v. THE QUEEN
Court

Court of Appeal
Case number

CACC499/1971

Because the Government Chemist's certificate established that the unlawful drug salts were contained only as part of a 13 gramme admixture and the s.46 presumption does not apply to such admixtures, the magistrate must not have been entitled to convict for trafficking on that presumption; accordingly the trafficking conviction was set aside, a conviction for simple possession substituted and the sentence reduced to nine months' imprisonment.
13 Aug 1971

MAK TAK v. THE QUEEN

Citation

MAK TAK v. THE QUEEN
Court

Court of Appeal
Case number

CACC466/1971

The conviction for possession of dangerous drugs for the purpose of trafficking was unsafe because an admixture containing esters/salts of morphine is not covered by the presumption in s.46 as established in Leung Lin-luk; therefore the trafficking conviction was substituted with simple possession and the sentence reduced from two years to 12 months while the separate conviction for smoking a dangerous drug was upheld.