Hong Kong Case Law: Decisions & Judgments

Topic

Arrest

Legal area

Court

10 Jan 2000

CONSOLIDATED PROJECTS LTD. v. THE OWNERS OF THE TUG "DE PING"

Citation

CONSOLIDATED PROJECTS LTD. v. THE OWNERS OF THE TUG "DE PING"
Court

Court of First Instance
Case number

HCAJ3/2000

The court dismissed the application for inspection because the plaintiff failed to demonstrate special circumstances or irreparable harm necessary to justify an exceptional inspection order, the evidence before the court was insufficient and speculative, and jurisdictional and contractual factors (exclusive China Maritime Court clause, arbitration/LOF, lack of leave to serve out/joinder, unclear pleaded causes of action) precluded the relief sought.
23 Apr 1998

HKSAR v. LAU PAK SZE

Citation

HKSAR v. LAU PAK SZE
Court

Court of First Instance
Case number

HCMA168/1998

The magistrate made detailed findings of fact, accepted the evidence of the two police officers (including the arresting officer), applied the correct burden of proof, and there was no basis to regard the inconsistencies as rendering the conviction unsafe; therefore the appeal against conviction must be dismissed.
25 Jul 1997

HKSAR v. YANG YOU CHING

Citation

HKSAR v. YANG YOU CHING
Court

Court of First Instance
Case number

HCMA307/1997

The magistrate accepted credible evidence that a sizable crowd was gathered, the road was blocked, emotions ran high and inciting language was used, creating a real likelihood of breach of the peace; that finding made the arrest lawful and the subsequent convictions for assaulting police acting in the execution of their duties were properly supported by the evidence, so the appeal was dismissed.
14 May 1997

R. v. TING FUNG YEE

Citation

R. v. TING FUNG YEE
Court

Court of First Instance
Case number

HCMA1523/1996

Because the officer was not lawfully inside the appellant's premises and had no warrant, he had no authority to demand identity or to lawfully threaten an obstruction charge; given the substantial doubt this created in the prosecution's case, the conviction could not stand and was quashed.
25 Jul 1980

ATTORNEY GENERAL v. KONG CHUNG-SHING

Citation

ATTORNEY GENERAL v. KONG CHUNG-SHING
Court

Court of Appeal
Case number

CACC261/1980

On the facts set out in the Case Stated there was insufficient evidence to show the officer had reasonable grounds to suspect the respondent of possession of dangerous drugs and therefore the arrest and taking into custody was not lawful; although an officer can stop and search under s.54 on subjective suspicion, an arrest required reasonable suspicion under s.50(1) (or justification under s.52 for drug offences) and that threshold was not met here.
7 Mar 1969

CHIU MAN MO v. THE QUEEN

Citation

CHIU MAN MO v. THE QUEEN
Court

Court of Appeal
Case number

CACC118/1969

The conviction was sustainable because the acts that aroused suspicion (peering into cars and trying door handles) were distinct in nature from the subsequent act (producing a knife and attempting to prise open the ventilating window), thereby satisfying the requirement that the accused be a suspected person when loitering with intent.
7 Mar 1969

CHUNG PING KAI v. THE QUEEN

Citation

CHUNG PING KAI v. THE QUEEN
Court

Court of Appeal
Case number

CACC119/1969

The magistrate's acceptance of the police evidence about the appellant's furtive conduct (peeping into cars, wearing gloves, trying doors, handling a screwdriver and looking about) provided reasonable grounds to find the appellant a suspected person loitering with intent to commit a felony, and the unexplained pawn-ticket supported a conviction for unlawful possession; the appellate court will not disturb those findings, so the appeal is dismissed.

Hong Kong Case Law

CONSOLIDATED PROJECTS LTD. v. THE OWNERS OF THE TUG "DE PING"

HKSAR v. LAU PAK SZE

HKSAR v. YANG YOU CHING

R. v. TING FUNG YEE

ATTORNEY GENERAL v. KONG CHUNG-SHING

CHIU MAN MO v. THE QUEEN

CHUNG PING KAI v. THE QUEEN