Hong Kong Case Law: Decisions & Judgments

Topic

Fitness to stand trial

Legal area

Court

14 May 2020

HKSAR v. ZHOU LIMEI（周禮梅）

Citation

[2020] HKCFA 15
Court

Court of Final Appeal
Case number

FACC7/2019

The Court of Final Appeal held that the Court of Appeal erred by failing to take adequate account of the appellant's psychiatric condition and the cumulative prejudice from prolonged custody (about seven years) facing a second retrial; given the unusual nature of ordering a second retrial and the lack of cogent and compelling reasons, the retrial order was unjustified and quashed, with the appellant to be released.
14 Nov 2019

HKSAR v. ZHOU LIMEI（周禮梅）

Citation

[2019] HKCFA 41
Court

Court of Final Appeal
Case number

FAMC3/2019

Leave to appeal was granted only on the ground that it is reasonably arguable that substantial and grave injustice was done by ordering a second retrial without adequate consideration of the hardship occasioned to the applicant given her psychiatric condition; other grounds including those based on the Court of Appeal's discretion and negative publicity were not reasonably arguable and were refused.
7 Jun 2007

HKSAR v. TANG YUK WAH

Citation

HKSAR v. TANG YUK WAH
Court

Court of Appeal
Case number

CACC183/2006

Majority held the convictions safe: the trial judge was entitled to reject the psychiatric evidence and find the applicant recollected and admitted key facts; expert evidence was unnecessary to displace the judge's assessment of memory and recklessness; voluntary consumption of large quantities of hypnotics and alcohol supported a finding of recklessness and did not afford a defence under Majewski in these circumstances.
8 Feb 2006

HKSAR v. LIU KAM CHI

Citation

HKSAR v. LIU KAM CHI
Court

Court of First Instance
Case number

HCMA1222/2005

The magistrate properly admitted the post‑record notebook entry after finding the officer's account credible and rejecting the appellant's account; on the basis of the admitted evidence the prosecution proved the elements of theft beyond reasonable doubt; there was no basis for appellate interference with the magistrate's credibility findings, so the conviction and $1,000 fine were upheld.

Hong Kong Case Law

HKSAR v. ZHOU LIMEI（周禮梅）

HKSAR v. ZHOU LIMEI（周禮梅）

HKSAR v. TANG YUK WAH

HKSAR v. LIU KAM CHI