Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Remittal for re-trial
  • 11 Jul 2017

    FUNG TSUN TONG v. CHOU MAN LEUNG

    Citation
    FUNG TSUN TONG v. CHOU MAN LEUNG
    Court
    Court of First Instance
    Case number
    HCLA13/2016

    The court held the DPO had not sufficiently discharged her statutory duty to investigate objective circumstantial evidence (including D2 receipts and detailed costs/expenses per trip) that could bear on the Twin Issues and whether summary dismissal was justified. The DPO Order and DPO Review Order were set aside insofar as the Item (B) award (payment in lieu of notice) and that claim was remitted to the Tribunal before the same DPO for re-trial with further inquiry and investigation. $34,041.83 of the security previously paid out was ordered reinstated and paid into the Tribunal; costs of tri…

  • 14 Feb 1990

    THE QUEEN v. NGAI MAN

    Citation
    THE QUEEN v. NGAI MAN
    Court
    Court of First Instance
    Case number
    HCMA1373/1989

    The conviction was unsafe because the principal evidential foundation for recklessness — the expert's estimated speed — lacked necessary evidentiary foundation and methodology, was partly based on inadmissible hearsay and omitted critical data and calculations, thereby undermining the magistrate's reliance on that opinion to establish recklessness; appeal allowed and conviction set aside.