Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Magistrates' trial management
  • 15 May 2017

    HKSAR v. HARJANI, KISHORE MOHANLAL

    Citation
    HKSAR v. HARJANI, KISHORE MOHANLAL
    Court
    Court of First Instance
    Case number
    HCMA425/2014

    The Court allowed the conviction appeal and quashed the conviction because defence counsel engaged in sustained, serious misconduct — prolonged, irrelevant, repetitive and insubordinate cross-examination and tactical abuse (including groundless stay/review applications and departure from client instructions) — which cumulatively deprived the defendant of a fair trial; simultaneously the Court dismissed the counsel's appeal against a wasted costs order because the magistrate correctly applied the high threshold for 'serious misconduct' under the Costs in Criminal Cases Ordinance and establishe…