Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Grounds for quashing conviction

Legal area

Court

12 Sept 2006

HKSAR v. TONG KWAN YEE, DAVID

Citation

HKSAR v. TONG KWAN YEE, DAVID
Court

Court of First Instance
Case number

HCMA298/2006

The appeal is allowed because the learned Magistrate failed to give adequate reasons addressing material and conflicting evidence from PW1, PW2 and PW4 and did not explain why certain witnesses were disbelieved; those failures left a lurking doubt requiring that the conviction be quashed and the sentence set aside.
2 Apr 1998

HKSAR v. SHIN JOYCE and Another

Citation

HKSAR v. SHIN JOYCE and Another
Court

Court of First Instance
Case number

HCMA310/1997

The appeal was allowed because the Magistrate, by repeated and substantive interventions that effectively assumed prosecutorial functions and obstructed defence counsel, created a justifiable impression of having entered the arena; an informed bystander could not be satisfied the Appellants had a fair trial, rendering the convictions unsafe; consequently convictions and sentences were quashed and retrial was not ordered.