Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Magistracy appeal review

Legal area

Court

29 Dec 2022

HKSAR v. HOSSAIN, AEJAZ

Citation

[2022] HKCFI 3760
Court

Court of First Instance
Case number

HCMA54/2022

The magistrate lawfully and reasonably found the prosecution proved beyond reasonable doubt that the appellant uttered threats on two occasions with intent to cause alarm; the appellate court found no error in the magistrate's assessment of credibility or application of the objective/subjective test for criminal intimidation and therefore dismissed the appeals against conviction and sentence.
31 Mar 2017

HKSAR v. MODERN CONCRETE DRILL CUT CO LTD

Citation

HKSAR v. MODERN CONCRETE DRILL CUT CO LTD
Court

Court of First Instance
Case number

HCMA362/2016

The conviction was quashed because the prosecution had not proved beyond reasonable doubt that an independent risk assessment by a safety specialist was reasonably required on the admissible evidence; the magistrate had given apparent weight to expert opinion that the prosecution had disavowed and the circumstances did not establish that the operation was unusually hazardous or that specialist assessment was practicable, therefore the s.6A breach was not established.