Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Section 81a review

  • 10 Aug 2018

    SECRETARY FOR JUSTICE v. WONG CHI FUNG

    Citation
    [2018] HKCFA 35
    Court
    Court of Final Appeal
    Case number
    FACC8/2017

    The appellants were entitled to costs in respect of the magistrate's section 104 review, the applications to the Appeal Committee for leave and the substantive appeals to this Court (including properly attributable pre‑application legal advice subject to taxation), the section 81A review before the Court of Appeal, the 2nd appellant's bail application to a single permanent judge, and the 2nd and 3rd appellants' applications to the Court of Appeal for certificates on points of law; the Court refused an issues‑based apportionment and refused certification for three counsel on the Court of Appea…

  • 10 Aug 2018

    SECRETARY FOR JUSTICE v. LAW KWUN CHUNG

    Citation
    [2018] HKCFA 35
    Court
    Court of Final Appeal
    Case number
    FACC9/2017

    The Court ordered that the appellants recover their costs in the items specified: the magistrate's s104 costs (subject to enforcement of previously given undertakings now not opposed), costs of applications to the Appeal Committee for leave and of the substantive CFA appeals (first appellant's pre-application advice recoverable if properly attributable and taxed), costs of the 2nd appellant's bail pending appeal (and similarly for the 1st if sought), costs of the 2nd and 3rd appellants' Court of Appeal certification applications (but no certificate for three counsel), and costs of the section…

  • 26 Mar 2008

    SECRETARY FOR JUSTICE v. HAU PING CHUEN

    Citation
    SECRETARY FOR JUSTICE v. HAU PING CHUEN
    Court
    Court of Appeal
    Case number
    CAAR12/2007

    The Court held the 14 month sentence was manifestly inadequate given the seriousness of an armed multiple stabbing attack; the correct least starting point for such an offence in the circumstances was 5 years, reduced to 3 years and 4 months to reflect the guilty plea, with a further 6 month concession for time already served/earliest release considerations, resulting in a substituted sentence of 2 years and 10 months imprisonment under section 81B; additional discounts for cooperation and an offer of compensation were inappropriate beyond the guilty plea discount.