Hong Kong Case Law: Decisions & Judgments

Topic

Appeal and retrial

Legal area

Court

9 Jun 2023

LAM WAI IP v. THE SECRETARY FOR JUSTICE

Citation

[2023] HKCA 721
Court

Court of Appeal
Case number

CACV435/2020

Appeal allowed because the trial judge failed to take into account material evidence (two recorded searches at Kwai Chung Police Station) that contradicted his key factual finding about the New Trousers Episode and mischaracterised the pleaded identity of the prosecutor; those errors rendered the judge's conclusions on absence of reasonable and probable cause and malice unsafe and warranted a retrial before a different judge.
30 Oct 2002

HKSAR v. CHUNG SHUI TAI

Citation

HKSAR v. CHUNG SHUI TAI
Court

Court of First Instance
Case number

HCMA1278/2001

The appeal was allowed because the court found the solicitor's advice regarding whether the appellant should give evidence was of such quality that it affected the fairness of the trial, rendering the conviction unsafe and requiring the conviction to be set aside and the matter remitted for a trial de novo.
23 Jun 1998

HKSAR v. THE GARDEN CO., LTD.

Citation

HKSAR v. THE GARDEN CO., LTD.
Court

Court of First Instance
Case number

HCMA214/1998

The appeal was allowed and conviction quashed because the trial Magistrate accepted defence evidence but did not consider the statutory defence under s.53(3); given Smedleys and the statutory framework, that omission was a material irregularity requiring a retrial so that the trial court can apply the correct legal test to the defence evidence.
6 Mar 1992

CHIU CHEE KAN, PETER v. CHIU KUNG TIEN MING, TAMMY

Citation

CHIU CHEE KAN, PETER v. CHIU KUNG TIEN MING, TAMMY
Court

Court of Appeal
Case number

CACV121/1991

The appeal was allowed because the trial judge misdirected himself in his rejection of a key witness (Teresa To) for plainly wrong reasons; that misdirection fatally undermined a credibility‑based decision on whether consortium had been determined. Given the centrality of that misassessment to the finding on s.11A(1)(e), the District Court decision was unsustainable and a retrial was ordered. The court reaffirmed that 'living apart' requires both physical separation and subjective cessation of recognition of the marriage, but deferred factual determination to a fresh trial.

Hong Kong Case Law

LAM WAI IP v. THE SECRETARY FOR JUSTICE

HKSAR v. CHUNG SHUI TAI

HKSAR v. THE GARDEN CO., LTD.

CHIU CHEE KAN, PETER v. CHIU KUNG TIEN MING, TAMMY