Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Review of magistrate's decision

  • 18 Dec 2001

    HKSAR v. FONG CHUN KWOK

    Citation
    HKSAR v. FONG CHUN KWOK
    Court
    Court of First Instance
    Case number
    HCMA417/2001

    Applying the Gough 'real danger' test, a brief, unremembered prior working contact did not create a real danger of bias and did not require recusal; the magistrate properly considered and rejected the appellant's evidence about intent and depression as inherently implausible on the facts; refusal to grant a review under s.104 is not appealable under s.104(10); however, the sentencing magistrate failed to give sufficient mitigation weight to the appellant's severe depression and post-arrest hospitalisation, warranting a reduction of the custodial term from 10 to 7 months.

  • 17 Dec 1988

    RE POW PO-WO

    Citation
    RE POW PO-WO
    Court
    Court of First Instance
    Case number
    HCMP2531/1988

    Given the sizable quantity of suspected heroin, the strong evidence as presented, the severity of the likely penalty and the defendant's mainland connections and inability to account for possession, the court concluded it was probable she would abscond and therefore revoked bail and remanded her in custody.

  • 4 Nov 1982

    RE CHIU KWOK-KEUNG

    Citation
    RE CHIU KWOK-KEUNG
    Court
    Court of First Instance
    Case number
    HCMP1978/1982

    Given the large quantity of drugs and manufacturing paraphernalia found at the premises, the potential operation of the presumption of involvement for those present, the seriousness of the offences and likely substantial sentences, and the real risk of flight, the magistrate erred in granting bail and the High Court must remand the accused in custody pending trial.