Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Precedent/stare decisis

Legal area

Court

22 Dec 2023

香港特別行政區訴陳國標

Citation

[2023] HKCFI 3344
Court

Court of First Instance
Case number

HCMA66/2023

Scattering bird seed in a public place is within the statutory definition of 'discarding litter' under Cap.132 s.2(f) and Cap.132BK reg.4(1)(a); the trial judge properly accepted the prosecution witness and rejected the appellant's account; the prosecution proved the offence beyond reasonable doubt; appellate intervention on credibility was unwarranted; conviction and a fine of HK$4,000 were therefore lawfully imposed and are upheld.
12 May 1994

TAI YIU WAH v. R.

Citation

TAI YIU WAH v. R.
Court

Court of Appeal
Case number

CACC249/1993

The evidence (two months' use of the room, personal belongings found in the same box as forged banknotes, large number and locations of forged credit cards) permitted a lawful inference that the applicant possessed and knew the items were forged; and because the trial occurred after legislative amendment reducing the penalty for simple possession, Article 12(1) required imposing the lighter sentence provided by the new provision, so the original four year sentence for possession of forged dies was unlawful and must be reduced to two and a half years.