Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Joint charging and severance
  • 27 Dec 2001

    HKSAR v. LEUNG KONG KEI AND OTHERS

    Citation
    HKSAR v. LEUNG KONG KEI AND OTHERS
    Court
    Court of First Instance
    Case number
    HCMA1253/2001

    1st appellant's appeal dismissed because evidence from PW1 supported resisting conviction and the attempted arrest was lawful; acquittal on assault was a benefit of doubt and did not render the arrest unlawful. 3rd appellant's conviction quashed because the magistrate failed to make necessary specific findings resolving direct conflicts between PW1 and PW7 and improperly treated a joint charge as severable without amendment. Appeals by 2nd and 4th appellants on costs dismissed because magistrate properly exercised s3(1)(c) discretion in light of appellants' unruly conduct and the bound over o…