Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Lawful authority or reasonable excuse

Legal area

Court

28 Jun 2018

HKSAR v. SAFDER TEHSEEN

Citation

[2018] HKCFI 1488
Court

Court of First Instance
Case number

HCMA139/2018

The appeal was allowed and the conviction quashed because the magistrate made material errors of reasoning: he described the defence account as "impossible" (a summary rejection rather than proper evaluation) and treated an uncharged allegation of using the identity card as supporting guilt, thereby rendering the conviction unsafe. Retrial was refused and costs were awarded to the appellant.
10 Sept 1974

LAM KA WA AND OTHERS v. THE QUEEN

Citation

LAM KA WA AND OTHERS v. THE QUEEN
Court

Court of Appeal
Case number

CACC559/1974

The court held that the cafe was a public place by virtue of patrons being present; the chain and knives were plainly suitable for inflicting injury and therefore offensive weapons under the Public Order Ordinance; once possession in a public place was proved the appellants were required to prove lawful authority or reasonable excuse on the balance of probabilities and they did not; the magistrate's adverse credibility findings were sustainable; accordingly convictions were affirmed and appeals dismissed, and leave to appeal against sentence out of time was refused.