Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Appeal against acquittal

Legal area

Court

11 Oct 2011

SECRETARY FOR JUSTICE v. NG WAI BING AND OTHERS

Citation

SECRETARY FOR JUSTICE v. NG WAI BING AND OTHERS
Court

Court of Appeal
Case number

CACV11/2011

The Court dismissed the Secretary for Justice's appeals: (1) the sentences imposed on R1 (9 months) and R2 (6 months), suspended for 18 months, were not unduly lenient and will not be increased because the sentencing judge had properly balanced the gravity of the contumelious recording against mitigating and unusual facts; (2) the acquittal of R3 is upheld because the prosecution failed to prove beyond reasonable doubt that R3 knew of and encouraged an ongoing course of covert recording — arranging transcription/translation of existing tapes does not, absent proof of knowledge and encourageme…
17 Nov 1982

ATTORNEY GENERAL v. AMOS WILLIAM DAWE

Citation

ATTORNEY GENERAL v. AMOS WILLIAM DAWE
Court

Court of Appeal
Case number

CACC960/1982

On the facts found and the unchallenged evidence the Court concluded that no reasonable tribunal of fact properly directed could have acquitted the Respondent on charges of conspiracy to defraud, publishing a false statement and false accounting; the cheque cross‑firing exercise did not constitute payment in cash nor evidence a transfer of assets in consideration of share allotment; the Case Stated was defective but the substantive legal questions could be answered in favour of the Crown and the matter was adjourned for argument as to the formal order to be made.