Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Case-stated appeal

  • 17 Feb 2025

    香港特別行政區 訴 林顯誠及另一人

    Citation
    [2025] HKDC 340
    Court
    District Court
    Case number
    DCCC1017/2020

    Given the procedural posture (case‑stated appeal remitting the matter) and subsequent appellate guidance on drawing inferences from presence at a riot, the court found a material change in the legal context. The proposed evidence by the defendants was relevant to issues the court must now determine, would not unfairly prejudice the prosecution, and would not disrupt the orderly conduct of the proceedings. Therefore the court exercised its discretion to allow the first and fifth defendants to reopen their defence.

  • 20 Nov 2024

    律政司司長 訴 葉澤深及另一人

    Citation
    [2024] HKCFI 3279
    Court
    Court of First Instance
    Case number
    HCMA122/2023

    The High Court held the magistrate applied an unduly narrow legal test by focusing only on whether the respondents personally committed prohibited acts; under Lo Kin‑man the correct inquiry includes whether accused persons, by their presence, conduct and items carried, facilitated, assisted or encouraged others to commit prohibited acts. The magistrate failed to adequately consider the totality of environmental evidence (location/time of arrests, flight/escape, attire, face coverings, items found) and thus her acquittals on counts 1–3 were legally unsound; the appeal was allowed and the acqui…

  • 14 Jul 2023

    律政司司長 對 張浩輝及另四人

    Citation
    [2023] HKCA 877
    Court
    Court of Appeal
    Case number
    CACC277/2021

    The Court held that service of the case-stated documents did not comply with statutory requirements for certain absent defendants and therefore the appeal as to those defendants could not proceed; on the merits the regional court judge erred in law in his approach to conspiracy (a two-person agreement can constitute conspiracy to participate in a riot/unlawful assembly if the parties intended or knew the requisite participation of others) and materially mis-evaluated and fragmented contextual evidence rather than assessing it holistically, such that acquittals of several defendants were perve…