Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Loss of time under s.83w cpo

Legal area

Court

11 Dec 2002

HKSAR v. PESTANO ALMA PASINAG

Citation

HKSAR v. PESTANO ALMA PASINAG
Court

Court of Appeal
Case number

CACC198/2002

The trial judge gave adequate reasons for rejecting the applicant's account and his credibility findings were not shown to be unsustainable; the sentence was within proper principles and distinctions between D1 and D2 were justified; because the renewed leave applications were without merit and the applicant had been warned, the court ordered two months of time spent pending appeal not to count under section 83W CPO.
4 Dec 2002

CHAU CHING KAY, NAUTHUM v. HKSAR

Citation

CHAU CHING KAY, NAUTHUM v. HKSAR
Court

Court of Final Appeal
Case number

FACC2/2002

The confessions were voluntary and not induced by police conduct (no implied inducement on these facts); even if the trial judge had not expressly considered implied inducement he would have reached the same conclusion. The conviction is therefore upheld. The Court of Appeal erred in ordering loss of time under s.83W because the application was not totally unmeritorious, the court mischaracterised the appeal as an abuse, and the imposition of loss of time in those circumstances amounted to substantial and grave injustice; the loss of time order is set aside.