Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Objective reasonable person test

Legal area

Court

16 Nov 2018

HKSAR v. LAI CHUN HO AND ANOTHER

Citation

[2018] HKCA 858
Court

Court of Appeal
Case number

CAQL1/2018

The Court held that the fault element of gross negligence manslaughter is to be proved by the objective reasonable person test only (foreseeability of a serious and obvious risk of death); the prosecution is not required to prove the defendant was subjectively aware of that risk; Adomako and its progeny govern Hong Kong law on this point and Specimen Direction 63A applies.
23 Jun 1999

KEITH RATCLIFFE v. THE SECRETARY FOR THE CIVIL SERVICE AND ANOTHER

Citation

KEITH RATCLIFFE v. THE SECRETARY FOR THE CIVIL SERVICE AND ANOTHER
Court

Court of Appeal
Case number

CACV57/1999

The Court dismissed the respondents' appeal because the Investigating Committee's report did not contain the clear findings necessary to support a conclusion of misconduct (notably on the objective reasonable person element, the deliberateness and sexual nature of the touching) and there were disquieting procedural fairness defects; those omissions justified the quashing of the disciplinary outcome and compulsory retirement upheld on judicial review.