Hong Kong Case Law: Decisions & Judgments

Topic

Sexual offences

Legal area

Court

22 Jan 2021

HKSAR v. NGAN CHUEN LI

Citation

[2021] HKCFI 150
Court

Court of First Instance
Case number

HCMA252/2019

The appeal against conviction was dismissed because the magistrate's findings on the core acts of indecent assault were supported by credible evidence (identity, place and mode consistent; inconsistencies were immaterial), and the recent complaint evidence had legitimate probative purpose; however, the sentence was excessive insofar as the magistrate had treated the matter as amounting to a clear breach of trust — appellate court reduced the starting point and substituted a custodial sentence of 2 months given the touching of intimate parts and the appellant's mitigation.
30 Oct 2020

香港特別行政區訴李威中

Citation

[2020] HKCFI 2700
Court

Court of First Instance
Case number

HCMA117/2019

The appeal was allowed because the magistrate's statements could reasonably be read as having pre‑accepted prosecution evidence and effectively shifted or undermined the burden, creating a real doubt that the accused received the benefit of the standard of proof; therefore the convictions were unsafe and were quashed.
23 Jan 2020

香港特別行政區訴曾達輝

Citation

[2020] HKCFI 646
Court

Court of First Instance
Case number

HCMA146/2019

The trial judge's acceptance of the prosecution witnesses' evidence was reasonable and supported by the record; their evidence established the appellant deliberately struck the victim with a fist but did not establish sexual intent, so the correct verdict is conviction for common assault; the appellate court will not disturb the trial judge's credibility findings and dismisses the appeal.
11 Jul 2019

香港特別行政區訴李偉嘉

Citation

[2019] HKCA 725
Court

Court of Appeal
Case number

CACC42/2018

The conviction was unsafe because the trial judge failed to give the required Mushtaq direction where there was a real possibility the appellant's admitted statements were induced by fear of complaint or other oppressive conduct by the complainant; therefore the admissions (P11/P12) could not be left to the jury without that direction and the conviction must be quashed.
17 Aug 2018

HKSAR v. WONG SHING YAM

Citation

[2018] HKCFA 38
Court

Court of Final Appeal
Case number

FAMC57/2017

Leave to appeal was refused because the applicant failed to show a real danger of substantial and grave injustice; the Magistrate and Deputy Judge reasonably and properly accepted the child witness as honest and reliable and there was no sufficient basis to conclude the conviction was unsafe given the evidence.
27 Jul 2017

HKSAR v. T.P.D.

Citation

HKSAR v. T.P.D.
Court

Court of Appeal
Case number

CACC177/2016

Leave to appeal was refused because the trial judge conducted a thorough, careful analysis of credibility and reliability issues, resolved conflicts rationally (including the timing of conversations), correctly applied statutory provisions on recorded interviews, did not rely on the impugned re-examination, and there was no reasonably arguable error rendering the convictions unsafe or unsatisfactory.
21 Jul 2010

HKSAR v. GURUNG KRISHNA

Citation

HKSAR v. GURUNG KRISHNA
Court

Court of Appeal
Case number

CACC203/2009

Section 125(2) read with s.150 as enacted imposes a persuasive reverse burden on the accused to prove on the balance of probabilities that he did not know and had no reason to suspect the woman was mentally incapacitated; that persuasive burden is not sufficiently justified and therefore incompatible with the presumption of innocence; the proper remedial interpretation is to read down the provision so it imposes only an evidential burden on the accused, after which the prosecution must prove beyond reasonable doubt that the accused knew or had reason to suspect the incapacity; appeal allowed…
26 Aug 2009

SECRETARY FOR JUSTICE v. CHAU CHI YAN

Citation

SECRETARY FOR JUSTICE v. CHAU CHI YAN
Court

Court of Appeal
Case number

CAAR7/2008

The Court held the original total sentence of 3 years was unduly lenient: for unlawful sexual intercourse with a girl aged just over 11 a starting point of six years was justified; after a one-third plea discount plus a limited further reduction the appropriate sentence on count one was 3 years 8 months and part of the second count (10 months) should run consecutively, producing a total effective sentence of 4 years 6 months; cohabitation/in loco parentis qualified as an aggravating feature akin to incest.
31 May 2007

HKSAR v. CHAN KA MAN

Citation

HKSAR v. CHAN KA MAN
Court

Court of Appeal
Case number

CACC254/2005

Applying Wong Sau-ming, the court found the threshold for using prior acquittals to impeach the complainant's credibility was not satisfied; the trial judge was correct to exclude evidence of earlier acquittals and his directions regarding additional allegations and prior complaints were adequate; the appeal was dismissed.
7 Jan 2005

HKSAR v. CHAN KA MAN

Citation

HKSAR v. CHAN KA MAN
Court

Court of Appeal
Case number

CACC476/2003

The judge's departure from standard jury directions—using an inappropriate boardroom analogy, exhorting "give and take" and implying that four-three disagreement was unacceptable—created a real risk that jurors abandoned their individual oaths and acquiesced to majority views; accordingly the convictions were unsafe and must be set aside with retrial ordered on specified counts.