Hong Kong Case Law: Decisions & Judgments

Topic

Re-trial

Legal area

Court

23 Apr 2024

HKSAR v. KHAW KIM SUN (許金山)

Citation

[2024] HKCFA 10
Court

Court of Final Appeal
Case number

FACC8/2023

The Court awarded costs only for the leave application (FAMC 24/2022) and the substantive appeal to this Court (FACC 8/2023) but declined costs for the original trial and the intermediate appeal because the appellant's investigative conduct justified prosecution and because the majority of appellate grounds were unarguable and unreasonably advanced; no order was made on costs of submissions given partial success.
28 Oct 2022

香港特別行政區訴趙琬殷

Citation

[2022] HKCFI 3226
Court

Court of First Instance
Case number

HCMA63/2022

Appellate court upheld the trial judge's finding that PW1's identification was reliable and that the evidence proved participation in damaging the railway barrier beyond reasonable doubt, but concluded that, given the appellant's youth, background and remorse indicators, the custodial term should be reduced from four months to three months.
1 Mar 2022

CHAN WAI YEE v. KWONG WAI PIU, the Administrator of the Estate of WONG CHIN also known as KWONG WONG CHUN (or GINE), DECEASED

Citation

[2022] HKCA 346
Court

Court of Appeal
Case number

CACV411/2020

The Court of Appeal allowed the plaintiff's appeal, set aside the trial judge's judgment and orders and remitted the case for retrial because the judge drew unsupported adverse inferences of misconduct against the plaintiff and failed properly to assess the weight of the defendant's hearsay witness statement by not considering whether it was reasonable and practicable to call the defendant and by failing to account for lacunae in that statement; consequentially the trial outcome could not stand. Costs of the appeal were ordered against the defendant and the trial costs were to be costs in the…
19 Dec 2019

HKSAR v. SITI HANDAYANI

Citation

[2019] HKCA 1380
Court

Court of Appeal
Case number

CACC304/2018

The conviction was unsafe because the trial judge failed to give the credibility limb of the good character direction despite the appellant’s defence being encapsulated in her out-of-court statements, and separately failed to give a lifestyle direction about her ability to pay rent which risked an impermissible inference; these material omissions rendered the summing-up unfair and justified quashing the conviction and ordering a retrial.
6 Dec 2017

HKSAR v. TSUI PO WAN

Citation

HKSAR v. TSUI PO WAN
Court

Court of First Instance
Case number

HCMA40/2017

The appeal is allowed and conviction quashed because the magistrate failed to give himself required directions as to the effect of the appellant's lack of conviction record (but record of fixed penalties) on propensity and credibility; that material irregularity rendered the conviction unsafe and necessitates a retrial.
10 Mar 2017

KWONG KA YIN v. CHEUNG HING WORLDWIDE LTD AND ANOTHER

Citation

KWONG KA YIN v. CHEUNG HING WORLDWIDE LTD AND ANOTHER
Court

Court of Appeal
Case number

CACV178/2014

The judge failed to address and give reasons for rejecting the 2nd defendant's explanation that an unidentified vehicle cut in front of the taxi (and failed to consider supporting evidence such as skid marks); that omission undermined the finding of negligence and required setting aside the judgment and remitting the matter for re-trial before a different judge.
9 May 2016

TSANG WING KWAI AND ANOTHER v. The Personal Representative of the estate of CHAN CHUNG HAN, the Deceased

Citation

TSANG WING KWAI AND ANOTHER v. The Personal Representative of the estate of CHAN CHUNG HAN, the Deceased
Court

Court of Appeal
Case number

CACV216/2015

The judge below erred in law by effectively requiring the appellant to prove the 'veracity' of a Declaration of Trust after accepting the deceased's signature; once the signature was accepted the estate bore the onus of proving a legal basis to deny effect (eg mistake or unconscionability) and the trial judge made no positive findings sufficient to defeat the trust document; because the Declaration of Trust and the validity of the 2012 allotment were interrelated and credibility findings could have been affected by the flawed approach, the appropriate remedy was to set aside the judgment belo…
23 May 2014

HKSAR v. LAU Man Hong

Citation

HKSAR v. LAU Man Hong
Court

Court of Appeal
Case number

CACC237/2013

The Court held the trial judge erred by treating the applicant's signature on the post-record as an admission that drugs were found on his person and by drawing adverse inferences from his exercise of the right to silence and from possession of two phones without proper cross-examination; those material irregularities rendered the conviction unsafe and required quashing, with a retrial ordered.
19 Sept 2012

HKSAR v. CHIONG BERNARD LEOCARIO

Citation

HKSAR v. CHIONG BERNARD LEOCARIO
Court

Court of Appeal
Case number

CACC402/2010

The court exercised its discretion under s83E and declined to order a retrial because the prosecution case was weakened by missing and inconsistent text messages, the absence of a witness who could provide recent complaint evidence, the risk of unfairness given the benefit the complainant would have from prior cross-examination, and prejudice to the defendant from prolonged delay and substantial pre-trial detention; these factors outweighed the public interest in reprosecution.
14 Nov 2011

HKSAR v. LEE SZE LUNG

Citation

HKSAR v. LEE SZE LUNG
Court

Court of Appeal
Case number

CACC16/2010

Because the conviction was quashed due to defects in direction to the jury and counsel's conduct, and because of the seriousness of the offence, the court held that public interest outweighs the hardship to the applicant and ordered a re-trial.