Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Delay and detention

  • 19 Sept 2012

    HKSAR v. CHIONG BERNARD LEOCARIO

    Citation
    HKSAR v. CHIONG BERNARD LEOCARIO
    Court
    Court of Appeal
    Case number
    CACC402/2010

    The court exercised its discretion under s83E and declined to order a retrial because the prosecution case was weakened by missing and inconsistent text messages, the absence of a witness who could provide recent complaint evidence, the risk of unfairness given the benefit the complainant would have from prior cross-examination, and prejudice to the defendant from prolonged delay and substantial pre-trial detention; these factors outweighed the public interest in reprosecution.

  • 7 Feb 1983

    RE CHAO PIU-FAI

    Citation
    RE CHAO PIU-FAI
    Court
    Court of First Instance
    Case number
    HCMP2355/1982

    The court found the Crown made careful, detailed and necessary inquiries following committal and that the period between committal and presentation to the Governor (two months) together with the short delay in receiving information from the Portuguese Consul-General was not unreasonable; therefore sufficient cause existed to justify continued detention and the Section 12 release was refused.