Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Counsel misconduct

  • 15 May 2017

    HKSAR v. HARJANI, KISHORE MOHANLAL

    Citation
    HKSAR v. HARJANI, KISHORE MOHANLAL
    Court
    Court of First Instance
    Case number
    HCMA425/2014

    The Court allowed the conviction appeal and quashed the conviction because defence counsel engaged in sustained, serious misconduct — prolonged, irrelevant, repetitive and insubordinate cross-examination and tactical abuse (including groundless stay/review applications and departure from client instructions) — which cumulatively deprived the defendant of a fair trial; simultaneously the Court dismissed the counsel's appeal against a wasted costs order because the magistrate correctly applied the high threshold for 'serious misconduct' under the Costs in Criminal Cases Ordinance and establishe…

  • 8 Jun 2011

    HKSAR v. JUNAID AHMED

    Citation
    HKSAR v. JUNAID AHMED
    Court
    Court of First Instance
    Case number
    HCMA245/2011

    The appeal against conviction and sentence is dismissed because the trial magistrate's acceptance of the prosecution witness as honest and the rejection of the appellant's inherently improbable account meant there was no safe basis to disturb the conviction, and the 2 year sentence was an appropriate starting point given the mean offence against a defenceless beggar, prior convictions and absence of remorse.

  • 20 Sept 1996

    R. v. WONG CHI YUN

    Citation
    R. v. WONG CHI YUN
    Court
    Court of Appeal
    Case number
    CACC151/1994

    The applicant failed to prove, on the balance of probabilities, that trial counsel admitted facts contrary to his instructions; the party alleging such trial‑conduct facts bears the burden of proof on balance; while best practice requires defendants to acknowledge admitted facts in court, failure to do so is not a legal irregularity invalidating conviction; and the total sentence of 18 years was not manifestly excessive, so leave to appeal against conviction and sentence is refused.