Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Amendment of charge particulars

Legal area

Court

18 Oct 2018

香港特別行政區訴潘家善

Citation

[2018] HKCFI 2586
Court

Court of First Instance
Case number

HCMA38/2018

The application for a certificate to appeal was dismissed because the issues raised involved application of settled statutory principles and factual evaluation under the Magistrates Ordinance s27 and established authorities, not points of law of general and far-reaching importance warranting leave to appeal to the Court of Final Appeal.
29 May 2014

香港特別行政區訴施能取

Citation

香港特別行政區訴施能取
Court

Court of First Instance
Case number

HCMA214/2014

The High Court held the trial judge properly analysed the evidence and that it was open to conclude the vehicle and vending setup could 'likely cause obstruction'; the defence had addressed the alternative basis at trial so amending the particulars to 'likely to cause obstruction' caused no unfairness; the trial judge's acceptance of the prosecution witness's evidence and factual findings were entitled to deference; accordingly the convictions and fines were safe and must be upheld.