Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Wounding (offences against the person)

  • 18 Jun 2004

    HKSAR v. WONG CHI FUNG

    Citation
    HKSAR v. WONG CHI FUNG
    Court
    Court of First Instance
    Case number
    HCMA366/2004

    The appellate court held that the magistrate had no credible basis for disbelieving the defence waitress solely from her remark 'He was my customer' and from ordinary timing and location coincidences; because the magistrate failed to draw reasonable inferences in favour of the appellant and improperly dismissed DW2's evidence the conviction was unsafe and had to be quashed.

    • Wounding (offences against the person)
    • Credibility and assessment of witnesses
    • Appellate review of factual findings

  • 13 Nov 2002

    HKSAR v. LAM WING LIT AND ANOTHER

    Citation
    HKSAR v. LAM WING LIT AND ANOTHER
    Court
    Court of First Instance
    Case number
    HCMA976/2002

    The convictions were quashed because credible fresh medical evidence, not available at trial, could reasonably have affected the magistrate's credibility findings and outcome; the court resolved not to order a retrial on grounds of delay, age and that appellants had effectively served the sentence, and declined to dispose based solely on alleged counsel incompetence absent fuller evidential foundation.

    • Wounding (offences against the person)
    • Ineffective assistance of counsel
    • Fresh medical evidence
    • Retrial discretion
    • Magistrate's credibility findings