Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Re‑assessment of evidence
  • 8 Nov 2023

    HKSAR v. HUI LAI KI (許麗琪)

    Citation
    [2023] HKCFA 35
    Court
    Court of Final Appeal
    Case number
    FAMC38/2022

    Leave to appeal was granted because it was reasonably arguable that the Judge departed from established sentencing and appellate norms by requiring an identifiable error before intervening on a rehearing and that the applicant's evidence may have been wrongly rejected on the basis of alleged inconsistencies; the Court framed the central question of when a CFI must re‑assess evidence on an appeal under section 113 and when it may overturn a magistrate's conviction on the basis of its own view of the evidence.