18 Dec 2001
HKSAR v. FONG CHUN KWOK
- Citation
- HKSAR v. FONG CHUN KWOK
- Court
- Court of First Instance
- Case number
- HCMA417/2001
Applying the Gough 'real danger' test, a brief, unremembered prior working contact did not create a real danger of bias and did not require recusal; the magistrate properly considered and rejected the appellant's evidence about intent and depression as inherently implausible on the facts; refusal to grant a review under s.104 is not appealable under s.104(10); however, the sentencing magistrate failed to give sufficient mitigation weight to the appellant's severe depression and post-arrest hospitalisation, warranting a reduction of the custodial term from 10 to 7 months.