Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Trial conduct
  • 16 May 2013

    KULEMESIN YURIY AND ANOTHER v. HKSAR

    Citation
    KULEMESIN YURIY AND ANOTHER v. HKSAR
    Court
    Court of Final Appeal
    Case number
    FACC7/2012

    2nd Appellant was awarded costs here and below including the trial because there were no positive reasons to deny costs: the early statements were of little weight, contemporaneous objective evidence (VTS radar, voice data recorder, video) meant his conduct did not mislead the prosecution, and the Court of Appeal should not have deprived him of costs; certificates for two counsel were granted.

  • 14 Dec 2007

    TING JAMES HENRY v. HKSAR

    Citation
    TING JAMES HENRY v. HKSAR
    Court
    Court of Final Appeal
    Case number
    FACC4/2007

    The Court held it had jurisdiction under s.17(1) Cap.484 to determine trial costs; although the appellant's convictions were set aside for misdirection, the jury had found dishonest conduct and the Court of Appeal's decision was not palpably different from the jury's finding; the appellant's dishonest conduct relevant to the charges justified refusing him the costs of the trial, so the Court affirmed the Court of Appeal's refusal to award trial costs while awarding costs of the appeal and related applications.

  • 3 Jul 1981

    LAI YUEN CHEUNG v. THE QUEEN

    Citation
    LAI YUEN CHEUNG v. THE QUEEN
    Court
    Court of Appeal
    Case number
    CACC529/1981

    The magistrate erred in relying on the appellant's aggressive conduct at sentencing to refuse probation without properly ascertaining consent and disregarding favorable probation/intake reports; given the appellant's age, circumstances and recommendations, the Training Centre order must be substituted with an 18‑month probation order and a suspended sentence was inappropriate in the case.