Hong Kong Case Law: Decisions & Judgments

Topic

Standard of appellate interference

Legal area

Court

19 Jun 2020

香港特別行政區訴陳彥霏

Citation

[2020] HKCFI 1058
Court

Court of First Instance
Case number

HCMA341/2019

The trial judge correctly accepted the complainant's evidence and the circumstantial documentary evidence, concluding the appellant deliberately concealed the broker's existence and had agreed with the broker that the broker would sign and submit documents without acting as the true witness; those findings satisfied the elements of dishonesty for fraud and the agreement element for conspiracy to defraud and were not properly disturbed on appeal.
3 Apr 2018

香港特別行政區訴周凱聰

Citation

[2018] HKCFI 683
Court

Court of First Instance
Case number

HCMA543/2017

The trial judge's detailed credibility findings were reasonable and supported by the evidence; the alleged errors were immaterial or within the judge's discretion, the fresh evidence application failed for lack of proper explanation, and therefore the conviction was safe and must be upheld.
17 Mar 2015

香港特別行政區訴梁家輝

Citation

香港特別行政區訴梁家輝
Court

Court of First Instance
Case number

HCMA527/2014

The appeal was dismissed because the trial judge's credibility findings accepting the complainant were rational and supported by the evidence, the independent witness was unreliable, and the medical reports filed on appeal were vague and insufficient to establish accidental contact; therefore the contact was deliberate and indecent and the conviction and sentence stand.
25 May 2004

HKSAR v. LAU YIU MING

Citation

HKSAR v. LAU YIU MING
Court

Court of First Instance
Case number

HCMA432/2004

Having considered the appellant's submissions and the Magistrate's Statement of Findings, the Court concluded the Magistrate was entitled to convict on both offences and there was no basis for interference, therefore the appeal was dismissed.
20 Aug 1998

HKSAR v. LAW SAI WING

Citation

HKSAR v. LAW SAI WING
Court

Court of First Instance
Case number

HCMA514/1998

The magistrate's credibility findings and conclusion that the appellant grabbed PW1's tie and punched him were supported by the evidence; the appellant did not establish self-defence or lawful excuse, therefore the conviction for common assault was sustainable and the appeal was dismissed.
17 Oct 1997

LIU LAU OI YUK SHELLDY v. LIU CHIAN HSIONG

Citation

LIU LAU OI YUK SHELLDY v. LIU CHIAN HSIONG
Court

Court of Appeal
Case number

CACV126/1997

The Court of Appeal upheld the trial judge's discretionary decision to award custody to the mother because the judge reasonably concluded that disturbance of the status quo would be minimal and that the mother, being able to give more time as primary carer, better met the child's welfare; the appellate court will not overturn such a decision absent a conclusion that it was plainly wrong or beyond the generous ambit of reasonable disagreement.

Hong Kong Case Law

香港特別行政區 訴 陳彥霏

香港特別行政區 訴 周凱聰

香港特別行政區 訴 梁家輝

HKSAR v. LAU YIU MING

HKSAR v. LAW SAI WING

LIU LAU OI YUK SHELLDY v. LIU CHIAN HSIONG

香港特別行政區訴陳彥霏

香港特別行政區訴周凱聰

香港特別行政區訴梁家輝