Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Standard of appellate review on facts

  • 17 Jul 2012

    香港特別行政區 訴 陳水華

    Citation
    香港特別行政區 訴 陳水華
    Court
    Court of Appeal
    Case number
    CACC518/2011

    The Court of Appeal upheld the trial judge's credibility and factual findings that the applicant was following closely and executed an unsafe manoeuvre amounting to dangerous driving causing death; the conviction was affirmed and the custodial term was adjusted from three years to two and a half years as the appropriate sentence within the middle culpability band after consideration of precedents and case features.

    • Dangerous driving causing death
    • Witness credibility and fact finding
    • Standard of appellate review on facts
    • Sentencing starting points and reduction

  • 17 Jan 2006

    TIN KWONG INTERNATIONAL ENTERPRISE CO LTD AND OTHERS v. SAN TUNG AND ANOTHER

    Citation
    TIN KWONG INTERNATIONAL ENTERPRISE CO LTD AND OTHERS v. SAN TUNG AND ANOTHER
    Court
    Court of Appeal
    Case number
    CACV164/2005

    The appeal was dismissed because the defendants failed to satisfy the strict appellate test for upsetting the trial judge's findings of fact; the 1st defendant's contemporaneous affirmation accepting that the funds should beneficially belong to Mr Sun and Mr Sun's sworn evidence that the sums were for the plaintiffs established beneficial ownership for the plaintiffs and supported the judge's findings; costs for improperly prepared core bundles were disallowed.

    • Beneficial ownership of funds
    • Lifting the corporate veil
    • Standard of appellate review on facts
    • Mareva injunction affirmation evidence
    • Costs and court bundle practice

  • 10 Sept 2001

    WISHING LONG HONG v. WONG KIT CHUN

    Citation
    WISHING LONG HONG v. WONG KIT CHUN
    Court
    Court of Final Appeal
    Case number
    FACV7/2001

    The employer breached his duty by failing to ensure the deceased was provided with adequate lighting for a foreseeable risk on the unlit path; the lack of adequate lighting was a cause of the accident; the Court upheld a 20% apportionment for the deceased's contributory negligence and dismissed the appeal with costs.

    • Duty of care
    • Employer's liability
    • Causation
    • Contributory negligence
    • Apportionment of liability
    • Standard of appellate review on facts