Hong Kong Case Law: Decisions & Judgments

Topic

Amendment of charge on appeal

Legal area

Court

4 Jun 2004

HKSAR v. CHENG CHI YUNG & ANOTHER

Citation

HKSAR v. CHENG CHI YUNG & ANOTHER
Court

Court of Appeal
Case number

CACC338/2003

Where the agreed facts and pleas show the offence alleged was assisting passage within Hong Kong, the Court of Appeal will amend the defective Statement of Offence to reflect the factual basis if amendment causes no injustice; substitution of verdict was inappropriate because the original averment 'to Hong Kong' does not necessarily include 'within Hong Kong'; Practice Direction 9.1 does not preclude joinder nor was it engaged where guilty pleas were entered and no trial integrity issue arose; sentencing enhancement for organized, sustained and successful conspiracy was justified and part‑con…
9 Aug 1991

THE QUEEN v. LO CHIU

Citation

THE QUEEN v. LO CHIU
Court

Court of First Instance
Case number

HCMA32/1991

The charge was amendable on appeal by correcting 'Section' to 'Regulation' and 'Ordinance' to 'Regulations' to properly allege an offence under Regulation 19(g)(i); because the correct offence carried a lower maximum (1 year) than the sentence imposed (15 months), the sentence was unlawful and was quashed and substituted to permit the appellant's immediate release.
8 Aug 1986

CHEN TA HOI AND OTHERS v. THE QUEEN

Citation

CHEN TA HOI AND OTHERS v. THE QUEEN
Court

Court of First Instance
Case number

HCMA700/1986

The court upheld the magistrate's primary factual findings that the premises were a gambling establishment and that statutory presumptions under s19 applied and were not rebutted, sustaining convictions of the appellants on the gambling charge; however the conviction of Chen Ta Hoi under s5(c) was quashed for duplicity because the count impermissibly combined assisting in operation and in management/other control, and the court amended the charge to 'assist in the operation' and ordered a re‑hearing on that amended charge.
29 Aug 1974

CHENG KA MING ALIAS CHENG KAI MING v. THE QUEEN

Citation

CHENG KA MING ALIAS CHENG KAI MING v. THE QUEEN
Court

Court of Appeal
Case number

CACC566/1974

Conviction on the dangerous drugs count is upheld on the evidence and statutory presumption; sentence reduced from two years to 18 months because the magistrate unlawfully weighed an unsupported factor ('trafficking in a prison') in sentencing. The second charge fails because s.18(1) penalises bringing/introducing into prison rather than mere possession; the appellate court declines to amend the charge and quashes that conviction, ordering repayment of the fine already paid.

Hong Kong Case Law

HKSAR v. CHENG CHI YUNG & ANOTHER

THE QUEEN v. LO CHIU

CHEN TA HOI AND OTHERS v. THE QUEEN

CHENG KA MING ALIAS CHENG KAI MING v. THE QUEEN