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Hong Kong decisions
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The trial judge rightly accepted the victims' consistent identification evidence and related documentary evidence and permissibly inferred the applicant's participation in a joint fraudulent scheme; there is no demonstrable error warranting appellate intervention, so leave to appeal is refused.
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The court refused bail because the applicant failed to demonstrate even a reasonable prospect of success on appeal; the trial judge's detailed and proper identification findings based on multiple video segments and clothing comparison rendered the appeal unlikely to succeed, so the exceptional standard for bail pending appeal was not met.
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The High Court, conducting a rehearing, accepted the authenticity and sufficient clarity of the CCTV and matching clothing evidence; having applied Turnbull guidance and considered the appellant's complaints about hearing and hair differences, the court concluded the identification was reliable and the evidence proved the appellant's guilt beyond reasonable doubt; the appeal was dismissed and conviction and sentence upheld.
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On rehearing and after viewing the CCTV (P2) and accepting police identification evidence, the court was satisfied beyond reasonable doubt that the appellant intentionally pushed the victim's hand constituting common assault; the conviction is therefore upheld. Having considered the appellant's record and the similarity to a prior suspended sentence, activation of that suspended sentence and ordering consecutive terms was not erroneous or manifestly excessive, so the sentence is upheld.
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The Court of Appeal refused leave to appeal conviction and sentence in a drug trafficking case, refused bail pending appeal, and warned about loss of time.
Bail pending appeal was refused because the applicant failed to demonstrate any appeal with a reasonable, let alone very high, prospect of success; he had not shown he had served most or all of the sentence; and familial or custodial adjustment concerns did not amount to exceptional circumstances justifying bail.
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The Court of First Instance dismissed a magistracy appeal against conviction and sentence for taking employment while subject to a deportation order.
Leave to appeal was granted on ground #3 because, despite the trial judge's acceptance of PW1 and PW2, the appellate court found that the evidence did not exclude a reasonable doubt as to whether the person who presented the ID and withdrew the funds was the applicant; the trial judge had not established that the applicant was the only reasonable inference as the withdrawer.
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The court dismissed a magistracy appeal, upholding a conviction for taking employment while a removal order was in force after finding the evidence reliable.
The Court of Appeal dismissed the conviction appeals, upheld the handling of a jury note, and allowed sentence review, increasing the robbery sentences.
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