Hong Kong Case Law: Decisions & Judgments

Topic

Magistrates' findings

Legal area

Court

6 Jul 2016

HKSAR v. LAM HIN FAI

Citation

HKSAR v. LAM HIN FAI
Court

Court of Final Appeal
Case number

FAMC3/2016

The applicant failed to demonstrate a departure from accepted norms so serious as to amount to substantial and grave injustice under section 32(2); the magistrate's comprehensive evaluation of witness testimony over lengthy hearings provided sufficient basis for the credibility findings and the complained omissions were not fatal to the reasoning as a whole, therefore leave to appeal out of time was refused.
10 May 2012

SECRETARY FOR JUSTICE v. TAM HEUNG MAN

Citation

SECRETARY FOR JUSTICE v. TAM HEUNG MAN
Court

Court of First Instance
Case number

HCMA891/2011

To establish s11(1)(a) corrupt conduct the prosecution must prove the accused intended the advantage to operate as an inducement to vote for that candidate; the magistrate lawfully considered the nature, value and proximity of the advantage and permissibly concluded on the facts that the accused intended only to make the medium more attractive rather than to induce votes; the acquittal stands.
2 Jun 2005

HKSAR v. MA CHIU YUEN

Citation

HKSAR v. MA CHIU YUEN
Court

Court of First Instance
Case number

HCMA372/2005

The appellate court found the magistrate had fully evaluated and analysed the evidence and discrepancies, there was no evidence of bias, clerical mistakes were minor and immaterial, and therefore the conviction was not unsafe or unsatisfactory; appeal dismissed.
21 Nov 2002

HKSAR v. BOONE, ALAIN J.L.V.

Citation

HKSAR v. BOONE, ALAIN J.L.V.
Court

Court of First Instance
Case number

HCMA769/2002

The appellate court must defer to the magistrate's credibility and factual findings where supported by the record; here the complainant's account and the surrounding circumstances provided ample evidence of a deliberate squeeze, so there was no basis to overturn the conviction or exercise s.119 powers.
17 Oct 2002

HKSAR v. SCENE WYCHING

Citation

HKSAR v. SCENE WYCHING
Court

Court of First Instance
Case number

HCMA608/2002

Because the appellant had given evidence denying the presence or use of a metal bar, the court could not satisfactorily uphold the magistrate's finding that a weapon was used; however the appellant's admitted verbal threat to 'beat [the passenger] to death' was sufficiently serious to warrant immediate imprisonment, and a reduction of the custodial sentence from 3 months to 2 months was appropriate.
15 Feb 1996

THE QUEEN v. CHEUNG SHUI WAH

Citation

THE QUEEN v. CHEUNG SHUI WAH
Court

Court of First Instance
Case number

HCMA83/1996

Appeal allowed because the magistrate failed to provide sufficient reasons for rejecting the appellant's evidence, making the conviction unsafe.
30 Sept 1993

THE QUEEN v. LAM WING NIN AND ANOTHER

Citation

THE QUEEN v. LAM WING NIN AND ANOTHER
Court

Court of First Instance
Case number

HCMA651/1993

The magistrate failed to address the essential ingredient whether the premises were 'kept' as a vice establishment (requiring findings on persistence/pattern); that omission was fatal to the convictions which must be quashed and a retrial ordered before a different magistrate.
14 Jan 1991

THE QUEEN v. TSANG SIU HUNG

Citation

THE QUEEN v. TSANG SIU HUNG
Court

Court of First Instance
Case number

HCMA937/1990

Given the sole reliance on the complainant's uncorroborated and inconsistent evidence, her identification occurring months after the events, and the acquittal of a co-accused on substantially identical evidence, the court had a lurking doubt about the safety of the verdict and therefore the conviction and sentence were unsafe and were set aside.
20 Aug 1983

THE QUEEN v. KAM MAN-FAI

Citation

THE QUEEN v. KAM MAN-FAI
Court

Court of Appeal
Case number

CACC930/1983

Conviction for disorderly conduct under s.17(B)(2) was quashed because the required element of intent to provoke or that the conduct was likely to cause a breach of the peace was not proved; conviction for assaulting a police officer under s.63 of the Police Force Ordinance was upheld because the evidence showed intentional use of violence to resist arrest and to assault the police officer.
20 Jul 1983

WONG YU-CHOI v. THE QUEEN

Citation

WONG YU-CHOI v. THE QUEEN
Court

Court of Appeal
Case number

CACC583/1983

The magistrate erred by casting an onus on the appellant and drawing impermissible inferences from facts that admitted of innocent explanations; the Crown failed to prove knowledge of the goods being stolen and the convictions were therefore unsafe and were quashed.