Hong Kong Case Law: Decisions & Judgments

Topic

Proof by inference

Legal area

Court

9 Jan 2014

THE SECRETARY OF THE MEDICAL COUNCIL OF HONG KONG v. THE MEDICAL COUNCIL OF HONG KONG AND ANOTHER

Citation

THE SECRETARY OF THE MEDICAL COUNCIL OF HONG KONG v. THE MEDICAL COUNCIL OF HONG KONG AND ANOTHER
Court

Court of First Instance
Case number

HCAL116/2013

There were no exceptional circumstances warranting an award of costs: the Interested Party raised no separate or novel issue beyond that which the Putative Respondent addressed, counsel did not provide material assistance sufficient to justify costs, and the leave application failed on the evidential threshold (unable to infer the receipt was issued to a patient); accordingly the application for costs was refused and no order as to costs was made.
12 Oct 2010

HKSAR v. MA HON KIT SAMMY AND OTHERS

Citation

HKSAR v. MA HON KIT SAMMY AND OTHERS
Court

Court of Appeal
Case number

CACC148/2009

The Court upheld the convictions of the 3rd and 4th defendants because the trial judge was entitled to draw, from the timing, size and coordination of purchases, family relationships, prior communications and evidence that the information was limited and not public, the irresistible/only reasonable inference that they received and knew the relevant information and its provenance; the conviction of the 5th defendant was quashed because the judge was not entitled to find as an irresistible inference that he received the relevant information indirectly from the 1st defendant given his different…
25 Jan 2006

HKSAR v. HERBONNET, JUSTIN YVES

Citation

HKSAR v. HERBONNET, JUSTIN YVES
Court

Court of First Instance
Case number

HCMA1153/2005

For an offence under s3(3) the prosecution must prove that the accused controlled and knew of the existence of the prohibited material; it need not prove beyond reasonable doubt that the accused knew the broad nature of the material as child pornography because the statute omits 'knowingly' and provides specific defences in s4(3); where overwhelming inferential evidence of control and knowledge exists conviction is proper. The appellant's interview was admissible and voluntary. The conviction is upheld as to 376 files.

Hong Kong Case Law

THE SECRETARY OF THE MEDICAL COUNCIL OF HONG KONG v. THE MEDICAL COUNCIL OF HONG KONG AND ANOTHER

HKSAR v. MA HON KIT SAMMY AND OTHERS

HKSAR v. HERBONNET, JUSTIN YVES