Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Judicial remarks and fairness
  • 26 Jul 2001

    HKSAR v. SUNG SIU KAM

    Citation
    HKSAR v. SUNG SIU KAM
    Court
    Court of First Instance
    Case number
    HCMA97/2001

    The magistrate's oral remarks about the defendant's shamelessness and lack of remorse were irrelevant and constituted grave error affecting the fairness of the trial; accordingly the conviction was quashed notwithstanding that the evidence could support a conviction, and the matter was remitted for retrial; costs allowed on the appeal but not for the trial (to be taxed if not agreed).