30 Aug 2023
The appeal is dismissed because the trial judge's factual findings as to payment sources, credibility of witnesses and beneficial ownership are supported by evidence and not plainly wrong; the appellant failed to meet the Ladd v Marshall test to introduce new evidence on appeal; and the trial court's orders including the defendants' award for losses remain binding.
27 Apr 2022
Trial judge correctly rejected appellant's account as inconsistent with objective bank records and witness evidence; evidence established beyond reasonable doubt that appellant dishonestly induced the rental company to wait for payment by tendering two cheques drawn on a cancelled account, therefore conviction is safe and is upheld.
18 Sept 2020
The appeal is dismissed because the trial judge's factual findings — that the employee suffered a compensable work injury on 15 August 2017 and was orally dismissed on 16 March 2018 in circumstances prohibited by the Employees' Compensation Ordinance — were supported by medical records, contemporaneous documents, messages and consistent testimony; the judge properly considered the employee's prior convictions and explained why they did not undermine his credibility, and an appellate court will not overturn such credibility determinations absent clear error.
20 May 2019
So Wai Lun remains binding authority that section 124 is an absolute liability offence making the appellant's belief as to age irrelevant; the trial judge properly assessed credibility and rejected the appellant's evidence, therefore the convictions stand and the appeal is dismissed.
18 Apr 2018
The trial judge acceptably preferred prosecution witnesses that the appellant demanded an extra HK$30 and refused to leave the taxi stand; the authorised airport officer reasonably believed a contravention of the Airport Authority Bylaws had occurred and lawfully exercised power to remove the appellant; the appellant's green‑card defence was unsupported, was not raised in cross‑examination and thus was not a reasonable excuse; credibility findings were within the trial judge's province and the conviction is safe, so the appeal is dismissed.
29 Sept 2017
The Court found no basis to disturb the magistrate's credibility findings that the appellant knowingly possessed counterfeit goods for sale and was employed in the enterprise; statutory and common law defences were unavailable on the evidence; the magistrate acted within law in activating the suspended sentence in full; the convictions and the aggregate sentence (24 months and 2 weeks) were not plainly wrong or manifestly excessive, therefore appeals against conviction and sentence were dismissed.
8 Aug 2017
The magistrate's credibility findings were reasonable; the accepted evidence established that Flats A6/A7 operated as an unlicensed guesthouse and that the appellant was managing it under an employment contract (which can be implied by conduct); therefore the convictions were safe and the sentences imposed were within appropriate ranges and not excessive.
30 Mar 2012
The magistrate reasonably accepted the prosecution witnesses and rejected the appellant's account after considering the evidence and demeanour; the convictions were not perverse, illogical or affected by material error and the appeal was therefore dismissed.
21 Mar 2003
The court held that while background evidence about the appellant's treatment of the complainant was admissible as context, the magistrate erred by using the appellant's oppressive behaviour (bad character) to support and enhance the complainant's credibility; that misuse of evidence undermined the safety of the conviction and required quashing the conviction and setting aside the sentence.
6 Feb 2001
The magistrate lawfully assessed credibility, gave adequate reasons to reject the appellant's account and the defences of reasonable excuse and mistake, considered but limited the use of evasive conduct to credibility assessment, and therefore the convictions on the three charges were properly upheld; appeal dismissed.