Hong Kong Case Law: Decisions & Judgments

Topic

Gross negligence manslaughter

Legal area

Court

23 Dec 2024

HKSAR v. KWAN HAU CHI, VANESSA

Citation

[2024] HKCA 1194
Court

Court of Appeal
Case number

CACC244/2021

The applicant failed to demonstrate highly exceptional circumstances to justify lifting the travel restriction imposed as a condition of bail pending appeal; public policy interests in ensuring attendance and protecting the administration of justice outweigh the applicant's humanitarian and property-related reasons, particularly given available alternatives to manage the London property and the real possibility the applicant may not return due to health.
23 Jun 2023

HKSAR v. KWAN HAU CHI, VANESSA

Citation

[2023] HKCA 662
Court

Court of Appeal
Case number

CACC244/2021

The Court granted leave to appeal on specified grounds because there were reasonably arguable errors in the trial relating to expert evidence, causation, foreseeability, potential supplanting of the jury by expert opinion, failure to give a Kevin Brown/unanimity direction and sentencing issues; however the Court found the complaints about the combining and late disclosure of the CCTV were not reasonably arguable given that original camera footage had been disclosed and the jury could assess discrepancies. Leave was therefore confined to the grounds identified as reasonably arguable and did no…
9 Mar 2022

HKSAR v. MAK WAN LING

Citation

[2022] HKCA 387
Court

Court of Appeal
Case number

CACC5/2018

The Court held that the summing-up, read as a whole, fairly directed the jury on all essential elements including the fifth ingredient; a Kevin Brown direction was unnecessary because the judge's directions prevented the risk of inconsistent juror findings; the amendments to the indictment were permissible and reflected evidence from the earlier trial; expert evidence supporting a duty to ensure laboratory quality and sterility testing was adduced and the existence of such a duty was properly a matter for the jury; accordingly leave was refused where required and the appeal dismissed.
23 Feb 2022

HKSAR v. CHOW HEUNG WING, STEPHEN

Citation

[2022] HKCA 313
Court

Court of Appeal
Case number

CACC5/2018

[2022] HKCA 313
17 Sept 2020

HKSAR v. MAK WAN LING

Citation

[2020] HKCFI 2424
Court

Court of First Instance
Case number

HCCC437/2015

Amendment of the indictment was permitted because the proposed particulars accorded with evidence already adduced at the first trial and did not change the prosecution's underlying case or require additional evidence; the amendments were necessary to reflect the case the defendant must meet and would not cause injustice or unfair prejudice under s23 CPO.
18 Oct 2019

HKSAR v. MAK WAN LING (麥允齡)

Citation

[2019] HKCFA 37
Court

Court of Final Appeal
Case number

FACC3/2019

The Court held that gross negligence in the offence of manslaughter by gross negligence is proved by application of an objective standard of reasonableness as enunciated in R v Adomako; there is no additional requirement that the prosecution prove the defendant's subjective awareness of an obvious and serious risk of death, although evidence of such awareness is relevant to liability.
22 Mar 2019

HKSAR v. MAK WAN LING

Citation

[2019] HKCFA 11
Court

Court of Final Appeal
Case number

FAMC66/2018

The Court held that a Court of Appeal judgment resolving a reserved question of law under section 81 CPO can constitute a final judgment for the purposes of section 31 HKCFAO when it determines a substantive, dominant issue that will govern the re-trial; applying that principle, the Court of Appeal's judgment on the mens rea for gross negligence manslaughter is a final decision and leave to appeal to the Court of Final Appeal was granted on the stated legal question.
15 Mar 2019

RE CLARE MONTGOMERY QC

Citation

[2019] HKCFI 727
Court

Court of First Instance
Case number

HCMP2266/2018

Application refused because applicant failed to demonstrate that the appeal is of unusual difficulty or complexity or that overseas counsel would add expertise beyond competent local counsel; the public interest in maintaining a strong independent local bar outweighs the factors favouring admission, particularly given recent Court of Appeal guidance and the pending Appeal Committee/CFI consideration which will largely dictate the fault element argument.
19 Feb 2019

HKSAR v. BAILEY NATASHA MWALE

Citation

[2019] HKCFI 472
Court

Court of First Instance
Case number

HCCC215/2018

Prosecution failed to prove causation or time of death: because cause and timing of death were unascertained and expert evidence indicated only a very brief independent life, no properly directed jury could reliably conclude that any alleged pre‑ or post‑birth acts or omissions caused the death; accordingly there was no case to answer and the accused must be acquitted.
16 Nov 2018

HKSAR v. LAI CHUN HO AND ANOTHER

Citation

[2018] HKCA 858
Court

Court of Appeal
Case number

CAQL1/2018

The Court held that the fault element of gross negligence manslaughter is to be proved by the objective reasonable person test only (foreseeability of a serious and obvious risk of death); the prosecution is not required to prove the defendant was subjectively aware of that risk; Adomako and its progeny govern Hong Kong law on this point and Specimen Direction 63A applies.