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Appellant failed to adduce credible, probative evidence to establish a lawful authority or reasonable excuse for being unmasked; the trial judge permissibly accepted PW1’s credible evidence and the P3 video where probative; therefore prosecution proved the offence beyond reasonable doubt and the conviction and sentence were correctly imposed and not excessive.
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On a full re‑examination of the evidence the court concluded the trial judge correctly rejected the appellants' oral testimony as not credible or reasonably capable of constituting a reasonable excuse; documentary and inspection evidence proved prolonged non‑compliance with properly served s24 orders; therefore the prosecution proved the offences beyond reasonable doubt and the convictions must be upheld.
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On the whole of the evidence (victim's testimony, WhatsApp records and month‑end statements) the appellant represented to the victim that she was carrying on a securities trading business; applying Lee Yee Shing factors and the broad definition of 'business' the representation (holding out) was proved beyond reasonable doubt and no reasonable excuse was established; the conviction therefore stands and a two‑week immediate custodial sentence was proportionate in the circumstances given the deception, substantial loss and lack of remorse.
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The High Court dismissed the appeal, holding that the new local fishing vessel registration (issued 24 Feb 2023) contained explicit conditions prohibiting linked 'snake' pots and warned of enforcement; the earlier temporary suspension did not operate to exempt the new certificate; appellants failed to establish a truthful and objectively reasonable excuse under Ho Loy; therefore convictions under ss11 and 12 were properly proved beyond reasonable doubt and affirmed.
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Appellant failed to prove on the balance of probabilities that he had a reasonable excuse for running the red light; objective timing evidence and photographs showed the appellant's account was implausible and the absence of a countdown indicator does not constitute a reasonable excuse; on re-hearing the evidence proved the offence beyond reasonable doubt, so the appeal is dismissed and conviction and sentence upheld.
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The Court of Appeal granted leave to appeal conviction and sentence for misconduct in public office, finding the proposed grounds reasonably arguable.
The Court granted leave to appeal and certified five specific questions of great and general importance concerning the application of the automendacity principle to s.42 offences of the Immigration Ordinance, the relevance of contemporaneous explanation and automated verification under s.4A, whether an inaccurate unrectifiable date of birth is a false material particular, the mens rea requirement, and the existence of an implied reasonable excuse defence; the Court directed that the Applicant be legally represented and deferred fixing a hearing date pending legal aid and preparation of the pr…
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The appeal is dismissed because the evidence (witness testimony and body‑worn CCTV) established the appellant was not wearing a mask or not wearing it properly at the relevant times; the appellant failed to discharge the evidential burden under reg 6(3) to show a lawful or reasonable excuse (no objective medical evidence of incapacity or serious distress and walking was not 'physically demanding'); the station platform was within the paid area so reg 4 applied; the imposition of additional fines and costs under Schedule 2 was lawful given the court's finding that the defences were frivolous o…
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Appellate court upheld conviction and sentence: appellant failed to establish any statutory reasonable excuse (eating, exercise or medical condition) on the facts and contemporaneous video; prosecution evidence disproved any reasonable excuse beyond reasonable doubt; sentencing to a fine of HK$8,000 with six months to pay was within judicial discretion and not manifestly excessive; constitutional objections and collateral complaints were irrelevant and dismissed.
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The application for a certificate under s32 was dismissed because the applicant failed to identify any legal point of great and general importance; the contested grounds were either addressed in the judgment or were insubstantial and did not raise matters meriting certification.
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