Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Retrial de novo

Legal area

Court

25 Oct 1985

THE QUEEN v. CHAN TAI WAI

Citation

THE QUEEN v. CHAN TAI WAI
Court

Court of First Instance
Case number

HCMA562/1985

The conviction is unsafe because the magistrate failed to provide the statement of findings of fact and grounds of decision required by s.116(1) Cap.227; an appellate court may not infer reasons for conviction from the record, therefore the conviction and sentence must be quashed and a retrial de novo ordered under s.118(1)(f) Cap.227 where good cause and public interest are shown.
14 Mar 1984

LOONG HOCK LTD v. LAW HUNG

Citation

LOONG HOCK LTD v. LAW HUNG
Court

Court of First Instance
Case number

HCSA31/1983

Section 23 of the Small Claims Tribunal Ordinance, read with the presumption in favour of the common law, does not permit reception of unsworn evidence generally; the adjudicator improperly relied on a tribunal officer's summary and entered judgment without a proper hearing, therefore the decision on the balance of the claim was unwarranted and the balance must be retried de novo by another adjudicator.