Hong Kong Case Law: Decisions & Judgments

Topic

Reasonable belief

Legal area

Court

1 Jun 2015

HKSAR v. YEUNG KA SING, CARSON

Citation

HKSAR v. YEUNG KA SING, CARSON
Court

Court of Appeal
Case number

CACC101/2014

The Court refused to certify the questions for the Court of Final Appeal: respondent's question was declined because certification would be contingent on an application for leave to appeal which had not been made and the respondent was not seeking leave; appellant's first question was declined because this Court is bound by the Court of Final Appeal's decision in Oei Hengky Wiryo; appellant's second question was declined because the trial judge was entitled to disbelieve the appellant, treat transactions as unexplained and nonetheless conclude the appellant had reasonable grounds to believe t…
12 Sept 2008

HKSAR v. CHRISTIAN ANTHONY BULLEN

Citation

HKSAR v. CHRISTIAN ANTHONY BULLEN
Court

Court of First Instance
Case number

HCMA556/2008

The court allowed the appeal and ordered costs because the magistrate erred in refusing costs: the appellant had a genuine albeit mistaken belief based on SMSs, cries and evidence of restraint and injury; his actions did not meaningfully bring suspicion on him and he did nothing after police arrival to attract suspicion; therefore the normal principle that an acquitted defendant should receive costs applied.
22 Nov 2004

HKSAR v. YEUNG MAY WAN AND OTHERS

Citation

HKSAR v. YEUNG MAY WAN AND OTHERS
Court

Court of First Instance
Case number

HCMA949/2002

The Court refused the certificate because the contention that an instruction by a supervising officer who lacked reasonable belief necessarily taints an arrest by a subordinate is unsustainable; legality of arrest depends on the arresting officer's reasonable belief, a fact question tied to findings of this Court, and therefore the issues are not pure points of law of great and general public importance suitable for certification under section 32(2).
17 May 1989

REGINA v. DAVID WU

Citation

REGINA v. DAVID WU
Court

Court of First Instance
Case number

HCMA383/1989

Given accepted facts that appellant was ill and the passenger both suggested and took over driving, the passenger's words and actions gave the appellant reasonable grounds to believe she held a licence; such a reasonable honest belief constitutes a 'special reason' under s.4(2)(a) permitting reduction of the statutory minimum disqualification, and the disqualification was reduced from 12 months to 6 months.

Hong Kong Case Law

HKSAR v. YEUNG KA SING, CARSON

HKSAR v. CHRISTIAN ANTHONY BULLEN

HKSAR v. YEUNG MAY WAN AND OTHERS

REGINA v. DAVID WU