Hong Kong Case Law: Decisions & Judgments

Topic

Grievous bodily harm with intent

Legal area

Court

14 Jun 2006

HKSAR v. CHONG YUET KEUNG, TOMMY

Citation

HKSAR v. CHONG YUET KEUNG, TOMMY
Court

Court of Appeal
Case number

CACC484/2005

The Court held the trial was fair, the video-recorded interview was admissible and any questions about voluntariness and weight were matters for the jury; the jury were properly directed on joint enterprise and alternatives; and the sentence of 6 years (reduced from a 7-year starting point to reflect limited mental capacity and other mitigation) was appropriate and therefore upheld.
2 Dec 2004

HKSAR v. LEUNG KAM WAH

Citation

HKSAR v. LEUNG KAM WAH
Court

Court of Appeal
Case number

CACC467/2003

The trial judge correctly admitted the applicant's confessions as voluntary and there was no evidence he was so impaired by drugs as to render them unreliable; the victim's unwillingness to testify meant her evidence could not be relied on but did not undermine the confessions and medical evidence; the sentencing judge erred in reducing an otherwise appropriate individual sentence to satisfy the totality principle rather than imposing the appropriate sentence and structuring concurrency/continuity, therefore the Court quashed the 4-year sentence on the third charge and substituted a 6-year te…
8 Oct 2002

HKSAR v. LEUNG YEE KWAN

Citation

HKSAR v. LEUNG YEE KWAN
Court

Court of Appeal
Case number

CACC382/2001

No material irregularity occurred under s54(1)(b); the trial judge properly assessed credibility and matters relied on by the appellant were peripheral or misread; the evidence of sustained and potentially life‑threatening violence was overwhelming and convictions are safe and must be upheld.
29 Jun 1999

HKSAR v. CHAN KING CHUEN

Citation

HKSAR v. CHAN KING CHUEN
Court

Court of Appeal
Case number

CACC116/1999

The trial judge properly evaluated the witness's multiple statements, observed and assessed his credibility and the medical evidence showing serious permanent injury; the judge's conclusion that the appellant participated in a joint enterprise and was therefore guilty was open on the evidence, so leave to appeal is refused.
7 Aug 1998

HKSAR v. AU KAM MING AND OTHERS

Citation

HKSAR v. AU KAM MING AND OTHERS
Court

Court of Appeal
Case number

CACC531/1997

The trial judge's 20-year starting point was excessive for these conspiracies; a starting point of about 14 years was appropriate, and after applying full reductions for early guilty pleas and other mitigations the proper sentences are 8 years imprisonment for the 1st and 2nd applicants and 7 years imprisonment for the 3rd applicant.
9 Jul 1998

HKSAR v. CHAN KIN MAN and Another

Citation

HKSAR v. CHAN KIN MAN and Another
Court

Court of Appeal
Case number

CACC203/1998

The Court held that the 2.5 year sentences were not excessive given the vicious group assault and grievous injuries; the appeals against sentence were dismissed and the court ordered that three months of time spent in custody by the applicants not count towards their sentences.
1 Jun 1988

THE QUEEN v. CHEUNG FUK WAH

Citation

THE QUEEN v. CHEUNG FUK WAH
Court

Court of Appeal
Case number

CACC95/1988

The Court dismissed the leave application, holding that the trial judge had properly evaluated the evidence and was entitled to convict on the triad membership and assault offences despite lack of independent corroboration; the complaint of unfairness was without merit.

Hong Kong Case Law

HKSAR v. CHONG YUET KEUNG, TOMMY

HKSAR v. LEUNG KAM WAH

HKSAR v. LEUNG YEE KWAN

HKSAR v. CHAN KING CHUEN

HKSAR v. AU KAM MING AND OTHERS

HKSAR v. CHAN KIN MAN and Another

THE QUEEN v. CHEUNG FUK WAH