Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Possession offences

  • 29 Apr 2022

    香港特別行政區 訴 雷曉天及另十人

    Citation
    [2022] HKDC 344
    Court
    District Court
    Case number
    DCCC750/2020

    The applications to consolidate were dismissed because the court concluded consolidation would cause unfair prejudice to defendants: the trials were already scheduled within months, consolidation would materially increase complexity and require significant additional defence preparation in an unrealistically short time, some counsel would be unavailable and replacements could not be prepared in time, prosecution's trial‑length estimates were optimistic, and court facilities and COVID‑19 risks weighed against consolidating large numbers of defendants into single trials.

  • 4 May 1977

    HALIM SULMAN SHARIFUDIN v. THE QUEEN

    Citation
    HALIM SULMAN SHARIFUDIN v. THE QUEEN
    Court
    Court of Appeal
    Case number
    CACC17/1977

    No clear legislative intention exists in s.42(2)(c)(i) of the Immigration Ordinance to create an absolute offence; courts must read mens rea into silent penal provisions absent clear parliamentary intent. Consequently Mohd. Daraiz should not be followed where no knowledge could be shown; however convictions in the present appeals are upheld because evidence proved knowledge and possession beyond reasonable doubt.