Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Substitution of convictions (s83a cpo)
  • 30 May 2025

    HKSAR v. IQBAL ASIF

    Citation
    [2025] HKCA 516
    Court
    Court of Appeal
    Case number
    CACC93/2024

    The judge's directions removed the element of non‑consent required for rape, rendering the conviction unsafe; however, because the rape count contained the constituent elements of indecent assault and the jury's verdict necessarily established facts sufficient for indecent assault of a person under 16 (who cannot consent in law for that offence), both statutory conditions of s83A were satisfied and it was proper in all the circumstances to quash the rape conviction and substitute a verdict of indecent assault and impose an appropriate substituted sentence.