Hong Kong Case Law: Decisions & Judgments

Topic

Perverting course of public justice

Legal area

Court

16 Apr 2018

HKSAR v. WONG WING MAN, MANDY alias WANG XUEXIN AND ANOTHER

Citation

[2018] HKCFI 1415
Court

Court of First Instance
Case number

HCCC76/2017

On the facts the court was satisfied police were conducting general inquiries with an open mind and had not at that stage gathered reasonable grounds to suspect the 1st defendant; officers denied any oppressive conduct, the statement was read and explained to her despite her limited ability to read traditional Chinese, and there was no basis to exclude it for unfairness. Therefore the statement dated 12 August 2015 was voluntary and admissible.
12 Nov 2015

HKSAR v. CHEUNG KIN CHUNG

Citation

HKSAR v. CHEUNG KIN CHUNG
Court

Court of First Instance
Case number

HCMA479/2015

The magistrate did not err in refusing to issue private summonses because the appellant failed to produce sufficient evidence of a positive act of concealment or otherwise a prima facie case for perverting the course of public justice or for common assault; self-serving statements and audio clips without corroboration were insufficient and no breach of procedural or human rights was shown.
12 Nov 2015

HKSAR v. CHEUNG KIN CHUNG

Citation

HKSAR v. CHEUNG KIN CHUNG
Court

Court of First Instance
Case number

HCMA478/2015

The magistrate was entitled to refuse to issue private summonses because the material before him did not establish a legal duty or positive act of concealment of evidence, the audio recordings and written submissions were self‑serving and insufficiently corroborative, and there was no breach of the appellant's procedural or human rights that would vitiate the decision; accordingly the appeals are dismissed.
19 Nov 2013

HKSAR v. LEW MON HUNG

Citation

HKSAR v. LEW MON HUNG
Court

District Court
Case number

DCCC819/2013

Application dismissed because the defence failed to establish on balance of probabilities that a fair trial was impossible or that there was an abuse of process of such gravity as to warrant a permanent stay; alleged misconduct and conflicts were unsubstantiated; prosecution lawfully elected not to call the Chief Executive and Commissioner and no prejudice to trial was shown.
26 Feb 2010

HKSAR v. NWOSU, CHRISTOPER OKECHI

Citation

HKSAR v. NWOSU, CHRISTOPER OKECHI
Court

Court of First Instance
Case number

HCMA103/2010

The magistrate's acceptance of PW1's credible, consistent and corroborated evidence established the elements of perverting the course of public justice (via threats) and assault occasioning actual bodily harm, and the appellant was properly found liable under joint enterprise; there was no basis for the court of appeal to disturb those findings, so the appeal is dismissed.
5 Jun 2006

HKSAR v. CHAN YIN YAT KEN

Citation

HKSAR v. CHAN YIN YAT KEN
Court

Court of Appeal
Case number

CACC331/2005

The Court held the trial was fair despite some inappropriate remarks by the judge which did not affect the overall fairness; defence counsel's conduct was within proper tactical discretion and the applicant had consented to witness decisions; accomplice evidence and documentary proof provided overwhelming evidence of guilt; therefore there was no merit in the grounds of appeal and the sentences imposed (total 7 years) were appropriate given role, attempted gain and the serious offence of perverting the course of justice.
1 Feb 2006

HKSAR v. LEE KWAN KONG AND OTHERS

Citation

HKSAR v. LEE KWAN KONG AND OTHERS
Court

Court of Appeal
Case number

CACC198/2004

The appeal court held that (1) no Nedrick virtual-certainty direction was required and the summing up was adequate for D1 and D3, so their appeals were dismissed; (2) the trial judge materially erred in failing to give specific directions to the jury about possible withdrawal from the joint enterprise in D2's case and the favourable use of co-defendants' confessions to that effect, rendering D2's murder conviction unsafe; D2's conviction was quashed and substituted with assault occasioning actual bodily harm and re-listing for sentence; (3) D4's sentence of 4 years for conspiracy to pervert t…
9 Apr 2003

HKSAR v. LAM WING KEUNG

Citation

HKSAR v. LAM WING KEUNG
Court

Court of First Instance
Case number

HCMA129/2003

The appellate court affirmed that the magistrate was entitled to prefer the prosecution witnesses' account over the appellant's, that the evidence (witness account corroborated on movements by a uniformed officer) proved the elements of attempting to pervert the course of public justice beyond reasonable doubt, and therefore the conviction was upheld.
26 Feb 2003

HKSAR v. MAKHSSIAN, TRAJAN VAHE

Citation

HKSAR v. MAKHSSIAN, TRAJAN VAHE
Court

Court of First Instance
Case number

HCMA1219/2002

The court held the magistrate's interventions and rulings were within proper judicial control and did not deny a fair trial; alleged non‑disclosure and the provision of PW2's notebook to the prosecution caused no demonstrated prejudice; the six‑month delay and separate prosecution did not breach rights or prejudice the defence; the facts found by the magistrate (appellant putting hand over potential witness's mouth and attempting to prevent statement) satisfied the elements of perverting the course of public justice at the investigative stage; arrest was supported by reasonable suspicion and…
9 Jan 1996

THE QUEEN v. TIN SAU-KWONG

Citation

THE QUEEN v. TIN SAU-KWONG
Court

Court of First Instance
Case number

HCCC2/1995

Applying the Galbraith test and related authorities, and assuming all admissible evidence in the committal papers at its highest, the judge concluded that a reasonable jury, properly directed, could properly convict on counts 1 and 2; therefore the s.16 application for discharge was refused and the matter must be tried by a jury.