Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Review of acquittal

  • 22 Feb 2017

    HKSAR v. KIRKHAM, MARK EDWARD

    Citation
    HKSAR v. KIRKHAM, MARK EDWARD
    Court
    Court of First Instance
    Case number
    HCMA658/2015

    The court allowed the application for costs of the prosecution review because the Magistrate plainly erred in rejecting the appellant's self-defence evidence and so the review and resulting conviction should not have stood; conversely the court refused costs of the trial for both charges because the appellant failed to seek costs of Charge 1 immediately after acquittal and, on the facts, the spitting (Charge 1) constituted suspicious conduct that set in motion the events leading to Charge 2 so the court declined to exercise its discretion to award trial costs for Charge 2.

  • 3 Feb 2016

    香港特別行政區 訴 梁國雄

    Citation
    香港特別行政區 訴 梁國雄
    Court
    Court of First Instance
    Case number
    HCMA531/2015

    The court held that although the appellant may have genuinely believed he needed to protect himself, the deliberate act of poking the complainant in the face two seconds after looking at her was not a reasonable or proportionate means of self-defence in the circumstances; therefore the magistrate's review decision convicting the appellant of common assault was correct and must be upheld.

  • 8 Jun 2011

    HKSAR v. YAM KAI MING

    Citation
    HKSAR v. YAM KAI MING
    Court
    Court of First Instance
    Case number
    HCMA936/2010

    The court found the magistrate's reasons and use of post-offence evidence unclear and difficult to rely upon for factual findings; because the case turned on contested facts and the appellant had already undergone multiple proceedings the court declined a retrial and resolved the appeal in the appellant's favour by quashing the conviction and refusing a retrial, while making costs orders limited to the appeal and review.