Hong Kong Case Law: Decisions & Judgments

Topic

Counselling and procuring

Legal area

Court

17 Dec 2002

RIADY, TJONDRO STEPHEN v. INSIDER DEALING TRIBUNAL

Citation

RIADY, TJONDRO STEPHEN v. INSIDER DEALING TRIBUNAL
Court

Court of Appeal
Case number

CACV310/2002

On true construction of the terms of reference the Tribunal was entitled to inquire into counselling/procuring related to the specified dealings and identify unnamed persons as insider dealers provided the terms of reference are sufficiently wide and procedural fairness is observed (opportunity to be heard); therefore the Ordinance does not require that all potential insider dealers be named in the terms of reference.
23 Apr 1997

R. v. WONG CHING YIN and Another

Citation

R. v. WONG CHING YIN and Another
Court

Court of First Instance
Case number

HCMA1447/1996

The appeal of the 1st appellant is allowed and conviction set aside because the magistrate, faced with cross-examination suggesting possible intoxication affecting voluntariness and an unrepresented appellant, should have inquired or held a voir dire before admitting the statement; the 2nd appellant's appeal is dismissed because voluntariness was admitted at trial, no issue was raised specific to him and the evidence was sufficient to convict.
15 Oct 1985

THE QUEEN v. LEUNG MUN-LAM

Citation

THE QUEEN v. LEUNG MUN-LAM
Court

Court of Appeal
Case number

CACC134/1985

Although the judge erred in introducing aiding and abetting in the summing up without prior notice, the evidence was such that the defence could not have run a materially different case and the verdict was not rendered unsafe; accordingly the application for leave to appeal against conviction is dismissed.
7 Dec 1977

TANG CHI-KEUNG @ SAM TAI AND OTHERS v. THE QUEEN

Citation

TANG CHI-KEUNG @ SAM TAI AND OTHERS v. THE QUEEN
Court

Court of Appeal
Case number

CACC471/1977

The Court held the convictions were safe: the trial judge gave adequate warnings about accomplice evidence and left critical matters to the jury, the identification evidence and corroboration were sufficient in the context, the Turnbull guidelines were not mandatory in the circumstances, manslaughter was not a viable alternative on the evidence, and directions on common intent and accessory liability were adequate; therefore the appeals were dismissed.

Hong Kong Case Law

RIADY, TJONDRO STEPHEN v. INSIDER DEALING TRIBUNAL

R. v. WONG CHING YIN and Another

THE QUEEN v. LEUNG MUN-LAM

TANG CHI-KEUNG @ SAM TAI AND OTHERS v. THE QUEEN