26 Apr 2013
HKSAR v. TANG KWAI MAN AND ANOTHER
- Citation
- HKSAR v. TANG KWAI MAN AND ANOTHER
- Court
- Court of First Instance
- Case number
- HCMA752/2012
The Court held the Magistrate did not err: the appellants failed to prove on the balance of probabilities that senior officers knew of or acquiesced in the misconduct and the statistics did not establish that assertion; adverse findings require the prosecution to prove them to the standard of being sure and the Magistrate's credibility and factual conclusions were not unsafe; the imposition of immediate 3‑month custodial sentences was not wrong in principle given the gravity of the misconduct and therefore the appeals were dismissed.