Hong Kong Case Law: Decisions & Judgments

Topic

Standard of proof on retrial

Legal area

Court

16 Jul 2025

香港特別行政區訴謝錦元

Citation

[2025] HKCFI 4340
Court

Court of First Instance
Case number

HCMA313/2024

The appellate court, conducting a retrial on the record, found the combination of the appellant's admissions and independent corroborative evidence (S1 and S2 performing farm tasks on a non‑opening day, their work clothing and tools, and storage of their items on the premises) established beyond reasonable doubt that the appellant employed S1 and S2 who were not lawfully employable; accordingly the convictions under Immigration Ordinance Cap.115 s17I(1)(a) and the sentence of four months imprisonment are upheld.
11 Mar 2025

香港特別行政區訴魏永發

Citation

[2025] HKCFI 2236
Court

Court of First Instance
Case number

HCMA408/2024

Viewing the CCTV and witness evidence de novo, the court concluded beyond reasonable doubt that the appellant failed to observe the rear area while reversing at an inappropriate steady speed despite limited rear-vision and known unreliability of the display; the trial judge permissibly rejected the expert reconstruction evidence for want of reliable foundation; the driving fell far below the standard of a competent careful driver and constituted dangerous driving causing death; the custodial sentence of 11 months (reduced from a 12‑month starting point) was within applicable guidelines and no…
6 Mar 2025

香港特別行政區訴羅安彥

Citation

[2025] HKCFI 2142
Court

Court of First Instance
Case number

HCMA282/2023

Trial judge's acceptance of PW1's credible, consistent evidence and rejection of the defence witness was not shown to be erroneous; there was no reasonable basis to find appellant honestly believed he faced imminent danger such that head‑butt was lawful or proportionate; on re‑hearing the prosecution proved guilt beyond reasonable doubt, so the appeal is dismissed.
15 Apr 2024

香港特別行政區訴吳文軒

Citation

[2024] HKCFI 991
Court

Court of First Instance
Case number

HCMA136/2020

The trial judge committed a material procedural irregularity by not exercising her discretion at the special hearing to exclude the appellant's admissions which were made without proper and timely caution; once those admissions are given no weight, the remaining evidence was insufficient to prove beyond reasonable doubt that the appellant knew the substance was a regulated poison, rendering the conviction unsafe and requiring it to be quashed.

Hong Kong Case Law

香港特別行政區 訴 謝錦元

香港特別行政區 訴 魏永發

香港特別行政區 訴 羅安彥

香港特別行政區 訴 吳文軒

香港特別行政區訴謝錦元

香港特別行政區訴魏永發

香港特別行政區訴羅安彥

香港特別行政區訴吳文軒