Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Judicial deference to findings of fact

  • 6 Jun 2025

    柯開榮 對 明泰建築工程有限公司

    Citation
    [2025] HKCA 541
    Court
    Court of Appeal
    Case number
    CAMP204/2024

    The Court refused leave to appeal because the applicant failed to identify any arguable ground demonstrating that the trial judge's factual findings or credibility assessments were plainly wrong or any evidence of bias; the application merely reasserted the original case without addressing the reasons for the trial judge's conclusions, and therefore had no real prospect of success.

    • Leave to appeal
    • Employer's duty of care
    • Contributory negligence
    • Witness credibility
    • Judicial deference to findings of fact
    • Costs assessment

  • 30 Nov 1989

    THE QUEEN v. CHAN KA FAI

    Citation
    THE QUEEN v. CHAN KA FAI
    Court
    Court of First Instance
    Case number
    HCMA1044/1989

    The magistrate's acceptance of PW1 as a totally reliable witness entitled him to prefer PW1's account where it conflicted with PW2; the words attributed to the appellant to the effect he would inflict physical harm and knew PW1's address constituted an intimidating threat under s.24(a); the discrepancies were not material to undermine the conviction; appeal dismissed.

    • Criminal intimidation
    • Witness credibility
    • Judicial deference to findings of fact
    • Section 24(a) crimes ordinance