23 Feb 2026
HKSAR v. WONG JI YUET
- Citation
- [2026] HKCA 284
- Court
- Court of Appeal
- Case number
- CACC263/2024
[2026] HKCA 284
23 Feb 2026
[2026] HKCA 284
23 Feb 2026
On construction NSL s22's 'other unlawful means' embraces all unlawful means other than force or threat of force and is not confined to criminal acts; genuine belief in lawfulness is evidence but not a standalone defence to specific intent; the Scheme (Project 35+) to obtain a LegCo majority and indiscriminately veto budgets to trigger BL50-52 was an unlawful means and the Course of Conduct was a prohibited act under NSL s22(3) when aimed at subverting the constitutional order; LegCo members' oath under BL104 imposes an overriding duty not to use constitutional powers to subvert the Basic Law…
5 Nov 2025
The Court dismissed conviction appeals of D3 and D13, holding the trial judge's adverse credibility findings were not plainly wrong and did not amount to unfairness or bias; the Court adjusted sentencing starting points downward from the trial judge where appropriate (setting 5.5 years for the April 18/related riot charge and 6 years for the broader 17–18 November charge) and allowed sentence appeals for D2, D3, D5, D7, D9, D10, D11, D12, D14 and D15 with specific revised terms, while upholding D13's conviction and sentence.
13 May 2025
On rehearing the court accepted the complainant's and PW2's credible and consistent evidence, rejected the appellant's account as fabricated, concluded the touching was intentional and took place on a female private part (right breast area) such that a reasonable person would regard it as indecent, and held the evidence proved the offence beyond reasonable doubt; appeal dismissed and conviction and sentence affirmed.
9 Feb 2024
The High Court accepted the trial evidence that the appellant submitted and confirmed two online subsidy applications containing false statements and that his actions (submission and in-person confirmation) exceeded merely preparatory acts, satisfying the elements of attempted fraud under s159G; the judge's interventions were proper and did not prejudice fairness, therefore the convictions were upheld.
17 Mar 2023
The judge's questioning about the appellant's telephone to clarify contradictory evidence and the limited request to produce the current phone with defence consent did not constitute excessive intervention that rendered the trial unfair; the minor factual error about phone type did not affect the safety of the conviction; the renewal of leave to appeal against the failing to surrender charge was not timely and the Single Judge's refusal remained final under Rule 42(3).
2 Mar 2021
The Court held that existing common law and authority correctly place the persuasive burden on an accused to establish legal insanity on the balance of probabilities; the trial judge's placement of burdens and questioning of witnesses was lawful and appropriate in principle, but the judge failed to direct the jury to take the applicant's proven mental illness into account when assessing whether she knew the nature of the items and the reliability/voluntariness of her confessions even if the insanity defence was rejected; that omission rendered the conviction unsafe and warranted quashing.
2 Aug 2019
The trial judge properly evaluated the child complainant's evidence as consistent on the crucial points, justifiably rejected the appellant's implausible explanation, and was entitled to manage and intervene in questioning of a vulnerable witness; the inconsistencies alleged were minor and did not render the conviction unsafe, therefore the appeal is dismissed.
19 Jun 2018
The appellate court upheld the trial judge's credibility findings and factual inferences because they were supported by objective evidence (notably CCTV) and not perverse; the judge lawfully managed evidence and questioning of an unrepresented accused; on the objective standard the appellant's conduct in the building amounted to loitering that reasonably caused fear, therefore conviction stands.
9 May 2018
Although the judge made an isolated remark that 'sure' did not mean 100% sure, the summing‑up as a whole repeatedly and correctly equated 'sure' with 'satisfied beyond reasonable doubt' and warned jurors to acquit if not sure; the remark did not lower the standard or render convictions unsafe, and alleged judicial interventions and minor summarisation issues did not impair trial fairness, so the appeal against conviction is dismissed.