Hong Kong Case Law: Decisions & Judgments

Topic

Appellate deference

Legal area

Court

16 May 2024

ZHANG RONG 對 PO SHING CONSTRUCTION LTD及另一人

Citation

[2024] HKCA 461
Court

Court of Appeal
Case number

CACV360/2022

The Court refused the new psychiatric report because the applicant failed to demonstrate relevance, causal connection to the accident or that the report would undermine a basic assumption of the trial; the Court further upheld the trial judge's factual findings on credibility, sick leave duration and 1% permanent loss of earning capacity as not 'plainly wrong', and therefore dismissed the appeal and ordered costs to the respondents.
14 Jul 2023

香港特別行政區訴劉偉傑

Citation

[2023] HKCFI 1796
Court

Court of First Instance
Case number

HCMA297/2021

The High Court upheld the trial judge's factual findings after reviewing the dashcam footage and trial transcript, concluding the footage supported that the appellant executed an unnecessary rapid lane change and acceleration without due care and that the judge's interventions did not render the trial unfair; therefore the conviction for careless driving under Cap.374 s.38(1) was safe and must be affirmed.
24 Jul 2002

HKSAR v. NG SIU KAN AND ANOTHER

Citation

HKSAR v. NG SIU KAN AND ANOTHER
Court

Court of Appeal
Case number

CACC156/2002

The convictions were supported by ample evidence and the trial judge's credibility findings were entitled to deference; no convincing grounds for intervention were shown, so the applications for leave to appeal against conviction are dismissed.
22 Jan 1997

R. v. TO KA LOK

Citation

R. v. TO KA LOK
Court

Court of Appeal
Case number

CACC460/1996

The leave application was dismissed because the trial judge properly weighed corroborative identification and fingerprint evidence and there was no demonstrated bias or unfairness in his conclusion that the applicant was guilty on all counts.
13 Oct 1988

THE QUEEN v. TSANG KWOK-FAI AND ANOTHER

Citation

THE QUEEN v. TSANG KWOK-FAI AND ANOTHER
Court

Court of Appeal
Case number

CACC88/1988

The Court held the trial judge properly weighed the evidence and credibility issues, treated discrepancies as minor, and reasonably relied on the complainant's testimony; accordingly there was no basis for appellate intervention and the convictions were upheld.

Hong Kong Case Law

ZHANG RONG 對 PO SHING CONSTRUCTION LTD及另一人

香港特別行政區 訴 劉偉傑

HKSAR v. NG SIU KAN AND ANOTHER

R. v. TO KA LOK

THE QUEEN v. TSANG KWOK-FAI AND ANOTHER

香港特別行政區訴劉偉傑