Hong Kong Case Law

香港特別行政區 訴 林勤

Court

Court of Appeal

Case number

CACC402/2017

The Court held the trial judge erred by failing to consider defence documentary and messaging evidence of a bank loan approval and by rejecting the loan evidence summarily; because the prosecution had no opportunity at trial to test the late evidence and the conviction was therefore unsafe, the appeal succeeded, conviction was quashed and the case remitted for retrial so prosecution can investigate and, if appropriate, rebut the defence assertions.

Source excerpt

• Dishonest intention
• Cheque offences
• Appellate review
• Insufficiency of evidence
• Retrial/remittal

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YBL v. LWC

Court

Court of Appeal

Case number

CACV244/2015

The Court of Appeal refused to vary its costs order, ordered bail money applied to the maintenance debt, and refused leave to appeal to the Court of Final Appeal.

• Discretion as to costs
• Disposal of bail money
• Order 49 rule 9
• Quistclose trust
• Leave to appeal to court of final appeal
• Privilege against self-incrimination

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香港特別行政區 訴 曾耿中

Court

Court of First Instance

Case number

HCMA832/2011

The judge's persistent and intrusive participation in the appellant's cross‑examination, including curtailing lines of inquiry and interrogating the appellant, created a real and objectively ascertainable danger of unfairness; therefore the conviction was unsafe and was quashed, sentence was set aside and a retrial ordered after balancing the public interest and prejudice to the appellant.

Source excerpt

• Fair trial and judge participation
• Indecent assault/obscene assault
• Retrial/remittal
• Court procedure for self‑represented litigants

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KIN SHING ENGINEERING (H.K.) CO., LTD. v. VINSON ENGINEERING LTD.

Court

Court of Appeal

Case number

CACV224/2006

The Court of Appeal dismissed a contractor’s appeal, upholding findings on expert valuation, waiver of a contractual notice clause, and no basis for retrial.

• Variation of contract
• Waiver of contractual condition
• Expert evidence
• Lateness of documents and adjournment
• Cross-examination and evidential weight
• Retrial/remittal

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PANG HONG v. PRO-CENTRIC GROUP LTD

Court

Court of First Instance

Case number

HCLA85/2005

The High Court allowed an appeal in a labour dispute and remitted the case for retrial, finding the tribunal had not properly assessed alleged misconduct grounds for summary dismissal.

• Summary dismissal
• Outside directorship
• Breach of contractual duty
• Emoluments/accounting
• Authority to bind related companies
• Retrial/remittal

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NG CHIU KOW AND ANOTHER v. CHAN SAU LIN t/a PANG LEE TRANSPORTATION CO

Court

Court of First Instance

Case number

HCLA65/2003

Appeal in an employment dispute over wage period and delayed payment under the Employment Ordinance. The court allowed the appeal and ordered a retrial.

• Wage period
• Payment of wages
• Termination for non-payment (s10a)
• Contracting out and statutory protection (s70)
• Interest on late payment
• Retrial/remittal

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SUBIANTO WINDAYANI v. HON WAI SHAN JESSICA

Court

Court of First Instance

Case number

HCLA102/2001

High Court appeal allowed and a Labour Tribunal award set aside because the presiding officer wrongly treated the defendant as having given evidence.

• Wages dispute
• Rest days and statutory holidays
• Credibility assessment
• Right to cross-examination
• Retrial/remittal
• Labour-tribunal-appeal

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SUAPERO, GLORIA POTESTADES v. HON LAI PING, LISA

Court

Court of First Instance

Case number

HCLA24/2001

The High Court allowed a labour tribunal appeal, holding that the Presiding Officer had not sufficiently investigated the authenticity of an alleged resignation letter.

• Resignation versus dismissal
• Authenticity of documents
• Duty to investigate under labour tribunal ordinance s20
• Retrial/remittal
• Labour-law
• Evidence

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TING KWOK KEUNG v. TAM DICK YUEN t/a TAM DICK YUEN ENGINEERING AND OTHERS

Court

Court of Appeal

Case number

CACV751/2000

The Court of Appeal granted leave to appeal to the Court of Final Appeal in an employees’ compensation case, concerned the trial judge’s factual findings and the proper appellate test.

• Employees' compensation
• Employment status (employee v subcontractor)
• Appellate review of findings of fact
• Leave to appeal to the court of final appeal
• Retrial/remittal
• Costs

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HKSAR v. HIP HING CONSTRUCTION CO. LTD.

Court

Court of First Instance

Case number

HCMA509/2001

The High Court allowed a magistracy appeal, quashed a conviction under construction safety regulations, set aside the fine, and remitted the case for retrial.

• Strict liability offences
• Statutory defences
• Construction safety regulations
• Trial procedure
• Retrial/remittal
• Strict-liability-offences

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