Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Honest belief

  • 8 Jun 2007

    HKSAR v. SIU TAT YUEN

    Citation
    HKSAR v. SIU TAT YUEN
    Court
    Court of Appeal
    Case number
    CACC201/2005

    Although material misdirections occurred on recklessness/honest belief and failure to direct that distress must be genuine and causally connected, the jury plainly accepted the complainants' testimony; on the facts no rational basis existed for acquittal on grounds of honest belief or lack of proof of knowledge of non‑consent, and the distress was plainly referable to the assaults — accordingly the proviso to s.83 CPO applies and the convictions and sentence are upheld.

  • 5 Mar 2003

    NEXT MAGAZINE PUBLISHING LTD AND ANOTHER v. MA CHING FAT

    Citation
    NEXT MAGAZINE PUBLISHING LTD AND ANOTHER v. MA CHING FAT
    Court
    Court of Final Appeal
    Case number
    FACV5/2002

    The majority held there was insufficient evidence to permit a properly directed jury to find malice or lack of honest belief against the 1st and 2nd defendants; the article was at most fair comment based on the facts disclosed and the defence succeeded, so the trial verdicts and awards in favour of the plaintiff were set aside and judgment entered for the 1st and 2nd defendants; re-trial was unnecessary in view of the lack of evidence of lack of honest belief and the passage of time, applying the Cheng v. Tse honest‑belief standard.