Hong Kong Case Law: Decisions & Judgments

Topic

Precedent and binding authority

Legal area

Court

14 Jun 2017

HKSAR v. CHOW HEUNG WING,STEPHEN AND OTHERS

Citation

HKSAR v. CHOW HEUNG WING,STEPHEN AND OTHERS
Court

Court of First Instance
Case number

HCCC437/2015

The court refused to depart from Lai Shui Yin and held that for GNM in Hong Kong the prosecution must prove not only the objective elements derived from Adomako but also that the defendant was subjectively aware (had a culpable state of mind) of the obvious and serious risk of death; CA decisions cited did not decide the specific mens rea point and do not overturn Lai Shui Yin.
22 Jul 1993

THE QUEEN v. NG KIN YEE

Citation

THE QUEEN v. NG KIN YEE
Court

Court of First Instance
Case number

HCMA933/1992

The appeals court held that the telephone callers' requests constituted implied assertions that the appellant was a bookmaker and thus were hearsay; Kearley governs the admissibility of such evidence in common law jurisdictions including Hong Kong, the Commonwealth and earlier local and Australian authorities to the contrary should not be followed, therefore the telephone evidence was inadmissible and the conviction could not stand.
12 Jul 1972

CHENG FOR KAR v. THE QUEEN

Citation

CHENG FOR KAR v. THE QUEEN
Court

Court of Appeal
Case number

CACC316/1972

The appellant's conduct (stopping, offering a ride, opening the rear door, conveying the constable to a directed destination, accepting a fare) amounted to carrying on the business of running a private car for hire so the insurer's clause excluding use for hire applied and the policy was avoided; accordingly conviction stands and mandatory disqualification for holding or obtaining a driving licence for all vehicles for eighteen months under s.4(2) Cap.272 was properly imposed.

Hong Kong Case Law

HKSAR v. CHOW HEUNG WING,STEPHEN AND OTHERS

THE QUEEN v. NG KIN YEE

CHENG FOR KAR v. THE QUEEN