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Hong Kong decisions
Decisions matching the current search
The Court of Appeal refused leave to appeal to the Court of Final Appeal on questions about undue influence, finding the proposed grounds not reasonably arguable or too hypothetical.
The Court of Final Appeal held that the prosecutor’s remarks on the accused’s silence breached s. 54(1)(b) CPO, quashed the conviction, and ordered a retrial.
The Court of First Instance granted leave to adduce a daughter’s witness statement for a retrial in a trust dispute, finding the late evidence could be met without undue prejudice.
The judge's reply to the jury introduced and permitted conviction on a factual and legal basis that was not the prosecution's pleaded basis (importation), thereby materially widening the basis for conviction without appropriate direction; this deprived defendants of a fair trial and made the convictions unsafe, requiring that the convictions and sentences be quashed and a retrial ordered in the interests of justice under Cap.221 s83E(1).
Source excerpt
The Court of Appeal ordered a retrial for murder, holding that the trial error did not justify substituting manslaughter and that fair-trial concerns could be managed.
The Court of Appeal allowed the appeal, quashed the conviction and set aside sentence in a drug-conspiracy case, holding the evidence against the appellant was essentially mere presence.
The Court of Appeal refused to vary a costs order nisi, upheld 70% appeal costs for the plaintiffs, and summarily assessed those costs at HK$60,000.
Court of Appeal upheld probate of a Chinese will, rejected the challenge based on capacity and knowledge, and held the appeal judge’s copying did not alter the final result.
On rehearing of a magistracy appeal, the court was not satisfied beyond reasonable doubt that the appellant deliberately assaulted PW1. The conviction was quashed and no retrial ordered.
法院就侵權重審後的判令與訟費作出決定，收窄禁制令範圍、確認若干披露責任，並拒絕判給彌償訟費。
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