Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Intent to cause alarm

Legal area

Court

18 Dec 1999

HKSAR v. YAU YU MING

Citation

HKSAR v. YAU YU MING
Court

Court of First Instance
Case number

HCMA437/1999

Appeal allowed because the trial magistrate, while accepting the complainant's account, did not specifically address or make findings on whether the alleged threatening words were mere angry outbursts or made with a genuine intent to alarm; absent such consideration the conviction was not a safe one and must be quashed.
18 Jun 1997

R. v. CHAN KAI HING

Citation

R. v. CHAN KAI HING
Court

Court of First Instance
Case number

HCMA364/1997

The appeal was allowed because the magistrate's remarks were inconsistent on whether the utterances were made with intent to alarm or were heat-of-the-moment empty threats; this created a lurking doubt about the safety of the conviction, warranting quashing of the conviction and setting aside the sentence.