10 Feb 2012
The Court ruled that while the Adomako elements (duty, breach, causation, gross negligence) apply in Hong Kong, the prosecution must prove that the defendant was subjectively aware of an obvious and serious risk of death; the test is not solely the objective reasonable person test used in the UK.
10 Jun 1987
A magistrate activating a suspended sentence under s.109C of the Criminal Procedure Ordinance has jurisdiction to order that the suspended sentence take effect consecutively to sentences he imposes even if the aggregate exceeds the three year limit in the proviso to s.57 of the Magistrates Ordinance; s.57 applies to sentences "imposed" and does not limit the operation of s.109C; Ho Bing Chun is overruled.
10 Jun 1987
A magistrate activating a suspended sentence under s.109C CPR has jurisdiction to order that the suspended sentence take effect consecutively to sentences he imposes; s.57 Magistrates Ordinance does not apply to orders made under s.109C so as to limit aggregate imprisonment to three years; Ho Bing Chun [1977] H.K.L.R. 68 is overruled.