Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

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  • 1 Aug 2025

    HKSAR v. LEUNG CHUNG MAN AND ANOTHER

    Citation
    [2025] HKCA 722
    Court
    Court of Appeal
    Case number
    CACC105/2023

    Section 37DA(2) of the Immigration Ordinance falls within the fourth Kulemesin alternative: its conjunctive terms impose an objective element but the subsection should be read as imposing merely an evidential burden on the accused to raise the defence, leaving the prosecution with the persuasive burden; the trial judge failed to properly consider relevant evidence bearing on that statutory defence for both appellants, rendering the convictions unsafe, and therefore the appeals are allowed and convictions quashed.

  • 14 Dec 2004

    HKSAR v. TSUI KWONG MING

    Citation
    HKSAR v. TSUI KWONG MING
    Court
    Court of Appeal
    Case number
    CACC247/2004

    Because the Applicant had agreed the Summary of Facts that the vessel was unseaworthy and the passenger was heavily pregnant, the Judge correctly adopted a six year starting point to reflect those aggravating features and, after applying a guilty plea discount, the resultant four year sentence was not manifestly excessive; the absence of a Newton inquiry on the payment finding was immaterial as that finding was not used to increase the starting point.

  • 8 May 1996

    R. v. LING HOI KWONG

    Citation
    R. v. LING HOI KWONG
    Court
    Court of Appeal
    Case number
    CACC762/1995

    The court upheld the trial judge's voir dire ruling that the confession was admissible, accepted the trial judge's adverse credibility finding of the applicant, and concluded the evidence (including the applicant's admission and police observations) supported conviction under s.37D(1)(a); therefore the appeal is dismissed.