Hong Kong Case Law: Decisions & Judgments

Topic

Conviction review

Legal area

Court

18 Oct 2023

香港特別行政區訴黃士奇

Citation

[2023] HKCA 1225
Court

Court of Appeal
Case number

CACC73/2023

The leave application was refused because the trial judge permissibly found on the evidence (recorded footage and black box data) that the driver clearly saw the pedestrian several seconds before impact, did not take timely braking or speed-reduction measures and thus his driving was far below the standard of a competent careful driver; those factual findings were not plainly wrong and supported conviction for dangerous driving causing grievous bodily harm.
6 Sept 2019

香港特別行政區訴尹樹輝

Citation

[2019] HKCA 1003
Court

Court of Appeal
Case number

CACC241/2018

The leave application was refused because the planting hypothesis was speculative and unsupported by evidence, the trial judge's acceptance of police testimony was within his discretion, and the appellant failed to show a reasonable doubt significant enough to justify appellate intervention.
13 Aug 2010

HKSAR v. CHIK YING KIT

Citation

HKSAR v. CHIK YING KIT
Court

Court of First Instance
Case number

HCMA282/2010

Because the Magistrate had considered all points and the evidence and provided detailed reasons for confirming the conviction, there was no basis for the appellate court to interfere; the appeal was dismissed and the conviction affirmed.
10 Jul 2003

HKSAR v. CHAN SIU YIN

Citation

HKSAR v. CHAN SIU YIN
Court

Court of First Instance
Case number

HCMA314/2003

The fresh psychiatric and psychological evidence, if available at trial, could reasonably have raised doubt about the appellant's intention at the time of the taking; because it is not possible to be sure the appellant had the requisite intention, the conviction could not stand and the appeal is allowed.
3 Sept 2002

HKSAR v. WONG KOK SUM

Citation

HKSAR v. WONG KOK SUM
Court

Court of First Instance
Case number

HCMA518/2002

The magistrate properly relied on the CCTV evidence to find beyond reasonable doubt that the appellant took and tucked a magazine under his clothing thereby appropriating it; the magazine taken from the shop rack could reasonably be treated as the shop's property; given the appellant's repeated theft convictions, breach of probation and the suitability reports including the Young Offenders Assessment Panel recommendation, a training centre order fell within s4 Cap.280 and was not manifestly excessive, so both conviction and sentence were upheld.
12 Oct 2000

HKSAR v. LO WAI HON

Citation

HKSAR v. LO WAI HON
Court

Court of Appeal
Case number

CACC54/2000

The trial judge validly found the Applicant's recorded statements to be voluntary and largely truthful; those admissions, together with surrounding evidence, constituted overwhelming proof of the Applicant's role in procuring the attacks, and the asserted failings of counsel were not shown to have prejudiced the trial outcome; accordingly there is no basis to interfere with the convictions.
3 Jul 2000

CHAN CHAN CHEUNG v. HKSAR

Citation

CHAN CHAN CHEUNG v. HKSAR
Court

Court of Final Appeal
Case number

FAMC6/2000

No point of law of great and general importance was identified in the material and there was no suggestion of grave and substantial injustice arising from the convictions; accordingly leave to appeal to the Court of Final Appeal was refused.
17 Feb 2000

HKSAR v. CHEUNG TUNG LAM

Citation

HKSAR v. CHEUNG TUNG LAM
Court

Court of First Instance
Case number

HCMA519/1999

The magistrate's findings on credibility and the facts were within his province; he properly considered the issues (including the police notebook) and there was no error or ground to disturb the conviction, therefore the appeal is dismissed and the conviction upheld.
11 May 1999

HKSAR v. CHI PUI KIN

Citation

HKSAR v. CHI PUI KIN
Court

Court of First Instance
Case number

HCMA84/1999

The appeal was dismissed because the Court was satisfied that the magistrate had made detailed findings supported by the evidence and that the conviction was proper.
7 Sept 1995

R. v. WONG CHI WING

Citation

R. v. WONG CHI WING
Court

Court of Appeal
Case number

CACC76/1995

The applicant's repeated admissions in multiple properly admitted cautioned statements established knowledge of the false representations; no disqualifying circumstances or prejudice from the judge's continuation of the trial were shown; therefore the convictions were upheld and leave to appeal dismissed.