Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Fair trial and judicial impartiality

Legal area

Court

2 Dec 2020

HKSAR v. CHEN KEEN (alias JACK CHEN) AND OTHERS

Citation

[2020] HKCFI 3013
Court

Court of First Instance
Case number

HCCC309/2019

Application refused because an informed fair‑minded observer, aware of the extent and limits of the judge’s prior representation, would not reasonably apprehend a real possibility of bias given the differences in charges, the limited overlap of evidence, professional obligations of agnosticism, and the procedural safeguards of a jury trial and reasoned, reviewable rulings.
4 Sept 1997

HKSAR v. PAN PAO CHIH and Others

Citation

HKSAR v. PAN PAO CHIH and Others
Court

Court of First Instance
Case number

HCMA301/1997

The magistrate's persistent, frequent and hostile interventions went beyond permissible judicial questioning, assumed the role of an advocate, destroyed the appearance and reality of impartiality and rendered the trial unfair; accordingly the convictions were quashed and sentences set aside; an application for retrial was refused because the appellants had already served their sentences.