11 Jul 2022
The court found the ground of appeal challenging the use of s.51(2) to convict the applicant of assault causing bodily harm is reasonably arguable because a robbery count does not necessarily imply an allegation of causing bodily harm; combined with the short sentence which had largely been served, the applicant was entitled to bail pending appeal on agreed conditions.
23 Jul 2009
The trial judge erred in convicting the appellant on the basis of intent to steal when the charge alleged intent to cause unlawful damage; the charge did not amount to or include an allegation of intent to steal for the purposes of s51(2) CPO and amendment or substitution at this late stage would cause substantial prejudice, therefore the conviction must be quashed.
21 Oct 1993
Appeal dismissed because the judge was entitled to find on the accepted evidence that the appellant procured and assisted the export operations and therefore was criminally liable as a secondary party under s.89 CPO; the circumstantial evidence and admissions permitted the only reasonable inference that the vehicles were taken out of Hong Kong beyond reasonable doubt; alternatively, if export could not be proved, the allegations included conspiracy and s.51(2) CPO permitted conviction for conspiracy with the same maximum penalty, so convictions and sentences were upheld and extension of time…
27 Dec 1990
Conviction under s.51(2) CPO was not permissible because the particulars did not allege, expressly or by implication, that the officer was acting in the execution of his duty; therefore the magistrate's conviction for assault on a police officer under that provision was quashed.
3 Jan 1984
The magistrate's findings were supported by evidence showing active participation by both appellants in running the gambling establishment; the first appellant's mens rea could be inferred from that evidence and his caution statement was a bare denial; no defect of substance or substantial variation invoking s.27 arose, and under s.51(2) the magistrate could convict of the included offence of assisting in management. Accordingly the convictions were upheld and the appeals dismissed.