Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Possession in public place

Legal area

Court

9 Jun 2005

HKSAR v. LEE SHING PO

Citation

HKSAR v. LEE SHING PO
Court

Court of First Instance
Case number

HCMA64/2005

Because the magistrate omitted to state the factual or legal basis under which the knife was an offensive weapon the consideration of reasonable excuse was premature; there was insufficient evidence to infer intent to injure; accordingly the conviction and sentence were quashed.
7 Dec 1973

LOK CHI WAI v. THE QUEEN

Citation

LOK CHI WAI v. THE QUEEN
Court

Court of Appeal
Case number

CACC845/1973

The magistrate properly found on the evidence that the ordinary fruit knife was 'suitable for' causing injury and thus within s.2; the magistrate legitimately relied on demeanour and inherent probability in accepting prosecution evidence; any misphrasing regarding burden did not undermine that s.94A places the burden on the defendant, therefore the conviction was supported by sufficient evidence and is upheld.