Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Lawful authority

  • 31 Jan 2024

    HKSAR v. XU ZHUO AND ANOTHER

    Citation
    [2024] HKCA 103
    Court
    Court of Appeal
    Case number
    CACC139/2021

    The convictions were quashed because the judge made critical findings about the principal's lack of permission without an adequate evidential foundation (principal did not give evidence and PW1's testimony was unreliable on key points); furthermore the court held that a principal's permission under s9 POBO can, if properly established, operate even where the underlying act is illegal, and on the state of the evidence there was material doubt such that convictions could not stand and retrial was not justified.

  • 18 Dec 2008

    HKSAR v. YAN PAK CHEUNG

    Citation
    HKSAR v. YAN PAK CHEUNG
    Court
    Court of First Instance
    Case number
    HCMA647/2008

    Lack of lawful authority or reasonable excuse is not an element the prosecution must prove to establish the substantive offence under s.9(1) POBO; it is a defence and the burden to prove it lies on the accused under s.24 POBO. Once prosecution proves soliciting/accepting an advantage for doing or forbearing to do an act in relation to the principal, the conspiracy charged necessarily amounts to conspiracy to commit that offence. Section 24 is not struck down in this context. The appellant's claim of blackmail did not amount to a reasonable excuse and did not negate intent; appeal dismissed an…

  • 23 Mar 1989

    THE QUEEN v. CHAN SAI LEONG AND ANOTHER

    Citation
    THE QUEEN v. CHAN SAI LEONG AND ANOTHER
    Court
    Court of First Instance
    Case number
    HCMA1697/1988

    The judge found there were no continuing reasonable grounds after entry and the apparent premises search to justify personal searches; because the officers acted outside their lawful authority the appellants could not be guilty of obstruction or assault; convictions were quashed.