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Hong Kong decisions
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The Court of Appeal allowed a criminal appeal, quashed the trafficking conviction, and ordered a retrial because the trial judge inadequately summed up the defence case.
The Court of Appeal dismissed a burglary appeal, holding that despite a factual error at trial, the undisputed evidence still led to the only reasonable inference of guilt.
终审法院裁定，上诉人未被证明在购入物业时已成立交叉持有信托；法院不应以推论上的交叉持有来维持定罪，故上诉得直，定罪撤销。
Court of Appeal held the trial judge misapplied the Dangerous Drugs Ordinance presumption and wrongly used silence against the accused, so the conviction was quashed and a retrial ordered.
Court of Appeal set aside a trafficking conviction, finding the trial judge relied on an erroneous factual assumption; the conviction was substituted with simple possession.
The Court of Appeal allowed the appeal, quashed a conviction for indecent assault, and ordered a retrial after finding the verdict unsafe.
Court of Appeal held that the applicant’s omission to report relevant changes under the HFA scheme could support deception. Convictions 1–10 were quashed, 11–19 upheld.
The Court of Final Appeal allowed two criminal appeals, quashed trafficking convictions and ordered retrials after errors in cross-examination, defence evidence directions and cut-throat defence directions.
Appeals were allowed after errors in cross-examination, defence-evidence directions, and the absence of a proper cut-throat defence direction made the convictions unsafe.
The Court of Final Appeal refused leave to appeal in a criminal conspiracy-to-defraud case, holding the issues were fact-specific and no substantial injustice was shown.
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