Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Powers of arrest

Legal area

Court

9 Feb 2024

HKSAR v. CLEMENT, RICHARD MARK

Citation

[2024] HKCFI 203
Court

Court of First Instance
Case number

HCMA445/2022

On rehearing CCTV footage materially undermined the sole prosecution witness's account that assaults occurred before the driver detained the appellant; because the prosecution could not prove beyond reasonable doubt that the appellant committed assault occasioning actual bodily harm prior to any lawful detention, the conviction was unsafe and was quashed and the sentence set aside.
6 Mar 1987

THE QUEEN v. SHUM KWAN CHEE

Citation

THE QUEEN v. SHUM KWAN CHEE
Court

Court of First Instance
Case number

HCMA69/1987

Proof that the officers physically acted as public officers was insufficient to supply the specific statutory requirement of written authorization to arrest under Section 84 Cap.132; because lawfulness of the arrest was a necessary precondition of the offence under Section 23 Cap.228, the presumption of regularity could not be used to supply that central fact and the conviction on Charge A must be quashed.