Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Judicial conduct/bias
  • 28 Oct 2021

    HKSAR v. WONG HING KWOK

    Citation
    [2021] HKCA 1630
    Court
    Court of Appeal
    Case number
    CACC9/2020

    Leave to appeal was refused because there were no reasonably arguable grounds: newly instructed counsel had adequate continuity and conducted competent defence so lack of preparation did not deny a fair trial; the judge's interventions and directions did not amount to apparent bias or improperly entering the arena when considered in context; the summing-up was not unfair read as a whole; and the sentence (5 years and 4 months) was not manifestly excessive given aggravating features (taking advantage of an intoxicated woman and absence of a condom) and appropriate allowance for mitigation.

  • 17 May 2012

    HKSAR v. WONG KAM CHAN AND ANOTHER

    Citation
    HKSAR v. WONG KAM CHAN AND ANOTHER
    Court
    Court of Appeal
    Case number
    CACC142/2011

    Even if the trial judge erred by stating at the special issue stage that he was satisfied the applicants had made the inculpatory remarks, the error was technical and not prejudicial in context of overwhelming evidence linking the applicants to the attack; admissions were held to be voluntary and admissible and, in any event, the proviso in s83(1) CPO would apply to uphold the convictions and sentences.