Hong Kong Case Law: Decisions & Judgments

Topic

Loss of time warning

Legal area

Court

7 Dec 2021

HKSAR v. ALI HAIDAR

Citation

[2021] HKCA 1872
Court

Court of Appeal
Case number

CACC105/2019

No reasonably arguable grounds for appeal: DNA evidence on two packets could have originated from applicant with extremely low alternative match probability, judge's directions (including on voluntariness and interpreter issues) were adequate when read as a whole, allegations of counsel incompetence were unsupported by trial counsel and solicitor affirmations, and sentence was within the correct range with appropriate enhancement for Form 8; therefore leave to appeal against conviction and leave to appeal against sentence out of time were refused.
11 Jun 2021

HKSAR v. CHUA SHIRLEY MASIGLA AND OTHERS

Citation

[2021] HKCA 872
Court

Court of Appeal
Case number

CACC254/2018

Leave to appeal was granted only on a single, reasonably arguable mixed question of law and fact — D1's Ground 5 challenging the "shut eye"/turning a blind eye directions on knowledge — because whether that direction was appropriate depended on the facts. Leave was refused on all other grounds of conviction and on all grounds of sentence; some grounds were pure questions of law and thus did not require leave. The sentences were held to be within judicial discretion and not reasonably arguable as unlawful.
11 Jul 2014

HKSAR v. MOHAMMAD FAROOQ

Citation

HKSAR v. MOHAMMAD FAROOQ
Court

Court of Appeal
Case number

CACC406/2013

The renewed out‑of‑time application for leave to appeal against sentence is dismissed because the proposed grounds are unmeritorious: the sentencing judge rightly adopted a 3‑year starting point for attempted domestic burglary, properly assessed mitigation and prior convictions, and there are no substantial grounds to disturb the sentence; however the court exercised its s83W power to disallow 6 weeks of custody pending appeal because the applicant persisted after receiving a loss‑of‑time warning.

Hong Kong Case Law

HKSAR v. ALI HAIDAR

HKSAR v. CHUA SHIRLEY MASIGLA AND OTHERS

HKSAR v. MOHAMMAD FAROOQ