Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Setting aside sentence

  • 5 Feb 1999

    HKSAR v. LUI KIN HONG, JERRY

    Citation
    HKSAR v. LUI KIN HONG, JERRY
    Court
    Court of Appeal
    Case number
    CACC378/1998

    Applying the principles from The Queen v Holgate No.2, the Court concluded that the conviction must be quashed, the sentence and all consequential orders set aside, and that a retrial should not be ordered; costs of the appeal were awarded to the appellant.

  • 18 Apr 1997

    R. v. CHAN WAI FONG

    Citation
    R. v. CHAN WAI FONG
    Court
    Court of First Instance
    Case number
    HCMA466/1996

    The magistrate's interventions were so extensive that an informed bystander would conclude the magistrate had usurped the prosecution's role and, although there was no demonstrated malice or actual bias, the appearance of taking over the case deprived the defendant of a fair and proper trial; accordingly the appeal is allowed and the sentence is set aside.