Hong Kong Case Law: Decisions & Judgments

Topic

Criminal procedure ordinance

Legal area

Court

24 Jul 2012

HKSAR v. FERNANDO DA SILVA REIS

Citation

HKSAR v. FERNANDO DA SILVA REIS
Court

Court of Appeal
Case number

CACC317/2011

Sentence of three years' imprisonment was appropriate and is upheld; however the forfeiture order was quashed in part because the forfeiture proceeding was perfunctory, significant factual disputes existed about monies found on the appellant's person and he was entitled to have those disputes resolved by evidence (Newton inquiry); thus the appeal is allowed only to the extent of quashing the confiscation of specified monies found on his person.
25 Jun 2002

HKSAR v. CHEUNG KWOK KUEN AND OTHERS

Citation

HKSAR v. CHEUNG KWOK KUEN AND OTHERS
Court

Court of Appeal
Case number

CACC171/2001

The Court held that the circumstantial and banking evidence overwhelmingly supported the convictions of D1 and D2 and their sentences were appropriate (D1's sentences increased to concurrent seven years under s83I); D3's conviction was quashed because the evidence against him was too slender to satisfy the prosecution burden; applications by D4, D6 and D9 against sentence were dismissed; costs orders largely refused or limited.
20 Mar 1997

R v. LAM KA YIU

Citation

R v. LAM KA YIU
Court

Court of Appeal
Case number

CACC286/1996

The Court of Appeal has jurisdiction at the appellate stage to set aside an order of detention made following a special verdict of not guilty by reason of insanity and, where the amended s.76 CPO and the statutory prerequisites are satisfied, may substitute a supervision and treatment order; accordingly the appeal was allowed and the detention order replaced with a supervision and treatment order.
31 Jan 1985

THE QUEEN v. MAN LIM-PING

Citation

THE QUEEN v. MAN LIM-PING
Court

Court of Appeal
Case number

CACC572/1984

The trial judge had made an order in open court to return the seized money and, absent statutory authority to review his own order, he became functus officio; consequently he had no jurisdiction to revoke that order and the subsequent forfeiture order was set aside and the original order restored.

Hong Kong Case Law

HKSAR v. FERNANDO DA SILVA REIS

HKSAR v. CHEUNG KWOK KUEN AND OTHERS

R v. LAM KA YIU

THE QUEEN v. MAN LIM-PING