Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Dangerous drugs ordinance s4

Legal area

Court

2 Dec 2022

HKSAR v. RAJA RAJESWARY P KAGASFARON

Citation

[2022] HKCA 1518
Court

Court of Appeal
Case number

CACC196/2020

The court held that grounds 1–3 were not reasonably arguable because the judge properly exercised discretion on the lies direction, there was no breach of the right to silence given inconsistent statements, and directions on defence evidence followed specimen directions. However, grounds 4 and 5 (extensive judicial interventions and an allegedly unbalanced summing-up with possible factual errors) raised reasonable arguable issues about appearance of fairness and were sufficient to grant leave to appeal against conviction on those grounds.
28 Oct 2020

HKSAR v. WANG ZHI

Citation

[2020] HKCA 863
Court

Court of Appeal
Case number

CACC232/2018

Leave to appeal was granted only on discrete, reasonably arguable grounds: (1) an error in excluding or treating part of the applicant's testimony as hearsay; (2) potentially inadequate or misleading directions to the jury concerning the contested oral admission, inferences and the limited use of the police post-record; (3) failure to give a lifestyle direction; and (4) arguable error in enhancing sentence for importation. Other grounds were found not reasonably arguable and refused.