10 Feb 2012
HKSAR v. LAI SHUI YIN
- Citation
- HKSAR v. LAI SHUI YIN
- Court
- Court of First Instance
- Case number
- HCCC234/2011
The court held that while the Adomako elements (duty of care, breach causing death, and characterization as gross negligence) apply in Hong Kong, the gross negligence element must be established by proving the defendant was subjectively aware of an obvious and serious risk of death; Hong Kong departs from the UK position and the prosecution must prove subjective awareness of the risk of death to convict for manslaughter by breach of duty.