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Hong Kong Case Law

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Criminal law [2025] HKCFI 2451

香港特別行政區 訴 吳霆鋒

Court
Court of First Instance
Case number
HCMA383/2023

The appeal is allowed because the WhatsApp materials (P4–P9) were obtained and ultimately used at trial in circumstances where their admissibility and the timing of disclosure were seriously in doubt; the late disclosure and reliance on those materials materially affected the appellant's ability to give evidence and obtain legal advice and rendered the convictions unsafe. Accordingly the convictions are quashed and the sentence is stayed.

Source excerpt

  • Disclosure of electronic evidence
  • Admissibility of whatsapp messages
  • Credibility assessment
  • Unsafe conviction
  • Right to a fair trial
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Criminal procedure [2018] HKCFA 6

HKSAR v. LEUNG CHUN KIT BRANDON

Court
Court of Final Appeal
Case number
FAMC19/2017

The Court of Final Appeal granted leave on certified questions about prosecution closing speeches in magistracy trials involving an unrepresented defendant.

  • Closing speech by prosecution
  • Unrepresented defendant
  • Section 19(2) magistrates ordinance (cap.227)
  • Right to a fair trial
  • Leave to appeal
  • Prosecution-closing-speech
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Civil procedure WML v. LCK

WML v. LCK

Court
Court of First Instance
Case number
HCMP3011/2014

The Court of Appeal refused to vary a costs nisi order after allowing the husband's appeal and ordering a retrial, holding that no order as to costs remained appropriate.

  • Costs nisi order
  • Leave to appeal out of time
  • Constructive trust
  • Right to a fair trial
  • Retrial
  • Costs
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Criminal procedure SECRETARY FOR JUSTICE v. FTCW AND OTHERS

SECRETARY FOR JUSTICE v. FTCW AND OTHERS

Court
Court of Appeal
Case number
CACV107/2013

The Court of Appeal dismissed applications to hear the Disclosure Appeals in camera, holding that open justice and the public interest in the criminal process required an open hearing.

  • Disclosure
  • Access to court documents
  • In camera hearings
  • Referral to director of public prosecutions
  • Open justice
  • Right to a fair trial
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Criminal law HKSAR v. HAU TUNG YING AND ANOTHER

HKSAR v. HAU TUNG YING AND ANOTHER

Court
Court of Appeal
Case number
CACC72/2009

The Court of Appeal dismissed an application to certify a question of law for further appeal, holding the fair-trial complaint depended on the case’s facts and no prejudice was shown.

  • Right to a fair trial
  • Basis of conviction
  • Notice to defendant of alternative basis
  • Conspiracy
  • Certification of question of law
  • Fair-trial
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Criminal law CHAN FAT CHU RAYMOND AND ANOTHER v. HKSAR

CHAN FAT CHU RAYMOND AND ANOTHER v. HKSAR

Court
Court of Final Appeal
Case number
FACC7/2008

The Court of Final Appeal dismissed two criminal appeals, holding that alleged misadvice by trial counsel did not deprive the appellants of a fair trial.

  • Conspiracy to defraud
  • Right to a fair trial
  • Ineffective assistance of counsel
  • Claim of right defence
  • Admissibility of fresh evidence
  • Conspiracy-to-defraud
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Criminal law HKSAR v. YEE HING CHUNG

HKSAR v. YEE HING CHUNG

Court
Court of Appeal
Case number
CACC287/2005

The Court of Appeal dismissed an application for leave to appeal convictions for forgery and conspiracy to defraud, upholding the trial judge’s findings.

  • Forgery (crimes ordinance s71)
  • Conspiracy to defraud
  • Identification evidence
  • Fingerprint evidence
  • Credibility assessment
  • Right to a fair trial
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Constitutional law HKSAR v. LAM KWONG WAI AND ANOTHER

HKSAR v. LAM KWONG WAI AND ANOTHER

Court
Court of Appeal
Case number
CACC213/2003

The Court of Appeal certified a constitutional question on a firearms reverse-burden provision, but refused a second question framed around the “traditional burden of proof.”

  • Presumption of innocence
  • Right to a fair trial
  • Reverse burden provisions
  • Justification of limitations
  • Statutory interpretation
  • Certification to court of final appeal
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Criminal law HKSAR v. LEE KWAN YIN AND ANOTHER

HKSAR v. LEE KWAN YIN AND ANOTHER

Court
Court of First Instance
Case number
HCMA693/2002

The appeal was allowed because the magistrate failed to personally give proper directions to an unrepresented accused, leaving an interpreter to address legal rights.

  • Right to a fair trial
  • Judicial directions to unrepresented accused
  • Role of interpreters
  • No case to answer
  • Criminal-law
  • Procedural-fairness
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Criminal law HKSAR v. CHIM PUI CHUNG

HKSAR v. CHIM PUI CHUNG

Court
Court of Appeal
Case number
CACC402/1998

The Court of Appeal refused to certify two proposed questions under s.32(2), holding that no point of law of great and general importance arose on particularity or intent.

  • Forgery (s71 crimes ordinance)
  • Conspiracy with persons unknown
  • Particularity of charges and prosecutorial disclosure
  • Jury directions on intent
  • Right to a fair trial
  • Criminal-law
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About this LexChat collection

Hong Kong decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.

Source links and collection timestamps are retained alongside the indexed records.