Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Judicial questioning and bias

Legal area

Court

6 Jul 2007

HKSAR v. ALLIANCE ENGINEERING CO LTD

Citation

HKSAR v. ALLIANCE ENGINEERING CO LTD
Court

Court of First Instance
Case number

HCMA1154/2006

The conviction was upheld because the defendant failed to take simple, reasonable steps: the poster at the site was inadequate as a safety notice and helmets were not made plainly available at entry; the admitted scope of works fell within the statutory definition of construction work under Cap.59; the Magistrate's questioning did not create bias; accordingly the prosecution proved the statutory breach and the conviction stands, and the Magistrate's costs award was properly varied from two to three days (total $12,000).
13 Mar 2001

HKSAR v. LEE HON SHUN

Citation

HKSAR v. LEE HON SHUN
Court

Court of Appeal
Case number

CACC626/1999

The trial judge's credibility findings were reasonable and unobjectionable; the injuries and nature of the attack were inconsistent with the appellant's armlock/self-defence account and showed disproportionate force; therefore the conviction was safe and the 3 year sentence was not manifestly excessive, so leave to appeal against conviction and sentence was refused.