Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Retrial discretionary test

  • 15 Jan 2020

    HKSAR v. JOSEPH NABEEL

    Citation
    [2020] HKCA 44
    Court
    Court of Appeal
    Case number
    CACC181/2018

    The appeal was allowed because the prosecution framed the case on the appellant's occupancy of Room 3576 but the admissible evidence was insufficient to permit the jury to infer occupancy and consequent possession for trafficking as the only reasonable inference; prejudicial hearsay was admitted and investigative failures further weakened the case so the court could not be sure the jury accepted the officers' evidence of attempted disposal; substitution was inappropriate and retrial was refused as not in the interests of justice given delay and investigative shortcomings.

  • 8 Jan 2014

    香港特別行政區 訴 趙美君

    Citation
    香港特別行政區 訴 趙美君
    Court
    Court of First Instance
    Case number
    HCMA71/2013

    The appeal is allowed because the magistrate's conduct during defence counsel's closing submissions created a real danger the appellant did not receive a fair trial by pre-judging facts and curtailing legal argument on key issues (appropriation and ownership of the bank account); accordingly the conviction, sentence and compensation order are quashed and no retrial is ordered after balancing the relevant public interest factors.

  • 30 Jun 1989

    THE QUEEN v. FONG KUN NANG

    Citation
    THE QUEEN v. FONG KUN NANG
    Court
    Court of First Instance
    Case number
    HCMA430/1989

    Because the trial court did not allow the unrepresented appellant to address the court, consistently with binding authority the conviction was unsafe and had to be quashed; exercise of discretion against ordering a retrial was warranted because the case was purely a contest of credibility, the magistrate had already taken a lenient course, and the interests of justice favoured finality.