Hong Kong Case Law: Decisions & Judgments

Topic

Reasonable suspicion

Legal area

Court

17 Jun 2024

律政司司長訴李兆聰

Citation

[2024] HKCFI 1350
Court

Court of First Instance
Case number

HCMA81/2023

The magistrate committed legal error by focusing on the legality of the later formal arrest and on whether the person actually committed unlawful assembly rather than whether the arresting officer, at the moment of stopping/subduing, had an objectively reasonable basis (under s54(2)/s50 principles) to suspect commission of an offence; the magistrate also improperly weighed collateral matters (another officer's use of force and policing tactics) and made impermissible factual determinations at the no‑case stage. Those errors justify allowing the appeal and remitting the case for rehearing befo…
17 May 2024

香港特別行政區對建萊控股有限公司

Citation

[2024] HKCFI 2845
Court

Court of First Instance
Case number

HCMA118/2023

The court held the video was properly admitted for the limited purpose of showing what the officer saw and that the officer's unchallenged testimony independently provided sufficient evidence of reasonable suspicion that the vehicle was involved in a traffic accident under the Road Traffic Ordinance; accordingly the conviction was upheld.
8 Aug 2022

廣州市鄰港貿易有限公司 AND OTHERS v. SECRETARY FOR JUSTICE

Citation

[2022] HKCFI 2438
Court

Court of First Instance
Case number

HCPI884/2012

On the facts the arresting officers had a genuine subjective suspicion supported by objectively reasonable grounds arising from the informant's report and the conduct at the depot; therefore arrests and short detentions were lawful and no false imprisonment was proved. Plaintiffs failed to prove possession or legal lien over the containers. There was insufficient evidence of the requisite subjective bad faith or reckless awareness of probable injury on the part of police to establish misfeasance in public office based on prolonged bail or handcuff use; handcuffing was a reasonable preventive…
5 May 2005

YEUNG MAY WAN AND OTHERS v. HKSAR

Citation

YEUNG MAY WAN AND OTHERS v. HKSAR
Court

Court of Final Appeal
Case number

FACC19/2004

Appellants' arrests were unlawful because the arresting officers did not possess reasonable grounds to suspect the demonstrators had committed an unreasonable public place obstruction once the demonstrators' constitutional right to demonstrate was given proper weight; consequently the officers were not acting in the due execution of their duty when removing the appellants at the police station and the convictions for wilful obstruction of police and for assault (charges 3–6) must be quashed; PFO s50 must be read to require reasonable suspicion to prevent arbitrary arrest.
27 Jul 1994

R. v. SIU YAU KIN

Citation

R. v. SIU YAU KIN
Court

Court of First Instance
Case number

HCMA206/1994

Given the magistrate's finding that the officer believed the appellant matched the description of the culprit and that the appellant gave evasive answers, it was open to the magistrate to conclude the officer had reasonable grounds to suspect guilt under s.50(1)(a); therefore the arrest was lawful and the officer was acting in the execution of his duty, so the convictions were upheld.
8 Jul 1993

THE QUEEN v. SO KWOK WING AND ANOTHER

Citation

THE QUEEN v. SO KWOK WING AND ANOTHER
Court

Court of First Instance
Case number

HCMA324/1993

The magistrate erred in finding the proved circumstances established the defendants' knowledge and intent; when the evidence is considered as a whole the evidential presumption under s.18A(2) did not arise because there was sufficient evidence to the contrary (including the appellants' credible statements and lack of a rational link to knowledge of exporting), therefore convictions could not stand and were quashed.
1 Nov 1989

THE QUEEN v. KU KAT-SUI

Citation

THE QUEEN v. KU KAT-SUI
Court

Court of First Instance
Case number

HCMA816/1989

The magistrate properly accepted the police evidence; the officers had reasonable grounds to suspect the appellant of being an illegal immigrant and were authorized under ss.50 and 54 of the Police Force Ordinance to detain him for further inquiries; delaying notification of the reason for arrest until the appellant was secured was reasonable in the circumstances; the use of handcuffs was not excessive. Appeal dismissed.
23 Mar 1989

THE QUEEN v. CHAN SAI LEONG AND ANOTHER

Citation

THE QUEEN v. CHAN SAI LEONG AND ANOTHER
Court

Court of First Instance
Case number

HCMA1697/1988

The judge found there were no continuing reasonable grounds after entry and the apparent premises search to justify personal searches; because the officers acted outside their lawful authority the appellants could not be guilty of obstruction or assault; convictions were quashed.
13 Jan 1989

THE QUEEN v. CHENG CHUN WO

Citation

THE QUEEN v. CHENG CHUN WO
Court

Court of First Instance
Case number

HCMA1650/1988

The objective test for reasonable suspicion requires that there be evidence before the magistrate showing reasonable grounds; reliance on an undisclosed cautioned statement not produced at trial meant the magistrate could not objectively conclude that Inspector Kwok had reasonable grounds to arrest, so the inspector was not acting in the execution of his duty and the conviction for assaulting an officer in the execution of his duty could not stand.
12 Dec 1986

THE QUEEN v. LIN SEK-KEUNG

Citation

THE QUEEN v. LIN SEK-KEUNG
Court

Court of First Instance
Case number

HCMA1161/1986

The magistrate was entitled to find on the evidence that the police reasonably suspected the defendant's conduct was likely to cause a breach of the peace under s.17B(2), making the arrest lawful under s.50 of the Police Force Ordinance; accordingly the conviction for resisting arrest was justified and must be upheld.