Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Appeal re‑hearing standard

Legal area

Court

28 Mar 2025

香港特別行政區訴陳宝生

Citation

[2025] HKCFI 1253
Court

Court of First Instance
Case number

HCMA157/2024

Appellate court upheld the trial judge's conclusion that the appellant failed to satisfy s26AAB(a)(ii) and (iii): objective and subjective factors (altered/partial receipt, absence of original documentation, and other indicia) gave reason to suspect, and reasonable, proportionate steps available would have revealed the counterfeit; therefore prosecution proved the offence beyond reasonable doubt and conviction is upheld.
18 Jun 2024

香港特別行政區訴 BUILD KING CONSTRUCTION LTD及另四人

Citation

[2024] HKCFI 2419
Court

Court of First Instance
Case number

HCMA71/2023

On re‑hearing the Court accepted the combined eyewitness photographic evidence and expert PW9’s opinion as mutually supporting; appellants failed to discharge the evidential/on‑balance obligation under s18 to prove they had taken all reasonable and practicable steps to prevent falls; the evidence established absence of adequate guardrails, safe access and secure working platforms at multiple locations and that the relevant appellants had direct control of the works; accordingly convictions were sustainable beyond reasonable doubt and appeal dismissed.