Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Evidence and findings
  • 26 May 2022

    王 對 謝

    Citation
    [2022] HKFC 109
    Court
    Family Court
    Case number
    FCMC3435/2015

    Leave to appeal was refused because the judge had comprehensively considered the evidence and made permissible factual findings on funding, contributions and the transfer agreement; there was no realistic prospect of overturning those findings and the agreement provided a good reason to depart from equal property division. Consequently the application for leave lacked merit.

  • 23 Mar 2021

    香港特別行政區 訴 曾兄為

    Citation
    [2021] HKCFI 701
    Court
    Court of First Instance
    Case number
    HCMA379/2020

    The court allowed the amendment to the charge to include Huagingshan Road and, on a re‑hearing of the evidence before the trial judge, concluded that the appellant's driving—driving downhill for about 2–3 km with an unsecured excavator—fell far below the standard of a competent careful driver and was obviously dangerous under s37 RTO; the conviction for dangerous driving was therefore upheld and the appeal dismissed.

  • 13 Dec 2007

    HKSAR v. LAU YUE WAH

    Citation
    HKSAR v. LAU YUE WAH
    Court
    Court of First Instance
    Case number
    HCMA436/2007

    The Court allowed the appeal and quashed the conviction because the Magistrate's findings incorporated extraneous considerations (failure to study maps and route planning) and it was unclear whether the conviction rested solely on the relevant fact of vehicle positioning obstructing traffic, rendering the conviction unsafe.

  • 27 Dec 1996

    R. v. HO WAI-LUEK, IGOR

    Citation
    R. v. HO WAI-LUEK, IGOR
    Court
    Court of First Instance
    Case number
    HCMA1142/1996

    The magistrate was sure, on the evidence before him, that the appellant exceeded the relevant speed limit; that factual finding was the only reasonable conclusion from the record and therefore the appellate court must dismiss the appeal and uphold the conviction.