Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Magistrates ordinance s117

Legal area

Court

12 Feb 2016

HKSAR v. CHU CHIU SANG

Citation

HKSAR v. CHU CHIU SANG
Court

Court of First Instance
Case number

HCMA604/2015

The appeal is dismissed because the magistrate correctly found the record of interview to be voluntary and admissible, properly assessed and accepted the complainant's credible evidence beyond reasonable doubt, rejected consent, and imposed a sentence that was not excessive given the aggravating factors; procedural abandonment did not alter the requirement to dismiss the appeal under s117.
12 Feb 2016

HKSAR v. ZHOU GUIFEN

Citation

HKSAR v. ZHOU GUIFEN
Court

Court of First Instance
Case number

HCMA751/2015

On the admitted facts that the appellant remained in the closed area after being warned and handed over bags containing the nine iPhones to other persons, the offence was committed in respect of those iPhones and they were liable to forfeiture under s102 of the Criminal Procedure Ordinance; the magistrate properly exercised his discretion and the appellate court would have reached the same conclusion; the appeal is dismissed.
1 Mar 2005

HKSAR v. CHENG CHI WAH

Citation

HKSAR v. CHENG CHI WAH
Court

Court of First Instance
Case number

HCMA1255/2004

Section 117 of the Magistrates Ordinance does not permit the appellant to abandon his appeal after answering to bail at the court hearing; therefore the court must dismiss the appeal. The court dismissed the appeal and upheld the sentences, taking the same view that the sentences were appropriate.