Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Section 83 criminal procedure ordinance

  • 13 Mar 2008

    HKSAR v. JIARAVANON JIACIPLO

    Citation
    HKSAR v. JIARAVANON JIACIPLO
    Court
    Court of First Instance
    Case number
    HCMA713/2007

    Per authoritative authority in Chou Shih Bin, an appellate judge on an appeal from the Magistrates Court must review the material and form his own view on credibility; accordingly no new point of law of great and general importance arose and section 83 was not engaged; the certification application is dismissed.

    • Appeal from magistrates' court
    • Standard of review on credibility
    • Certification of point of law
    • Section 83 criminal procedure ordinance

  • 30 Jun 2005

    HKSAR v. LEUNG TZI CHIU

    Citation
    HKSAR v. LEUNG TZI CHIU
    Court
    Court of Appeal
    Case number
    CACC154/2004

    Leave to appeal against sentence was dismissed because the judge’s sentence was within an appropriate range given the sophistication of the scheme, the applicant’s central role in drafting documents and directing dispersals, and significant victim loss; accordingly the court refused leave and, exercising section 83 CPO, ordered one month of time served not to count.

    • Conspiracy to defraud
    • Leave to appeal
    • Sentence review
    • Section 83 criminal procedure ordinance