23 Nov 2023
Leave to appeal was granted because it was plainly arguable that the sentence could be further reduced on the basis of the applicant's assistance to the prosecution.
4 Jul 2008
Defendant failed to prove the oral agreement and failed to establish causation and mitigation for her alleged losses; she did not surrender possession until 31 March 2008 and is liable for mesne profits to that date; counterclaim dismissed for lack of evidence and remote causation.
15 Feb 2005
The Recorder did not err in principle or in the amount of credit afforded; absconding justified reducing the full one-third plea discount, some credit for surrender was appropriately given, and disparity with the brother's lighter sentence does not entitle the applicant to the same benefit; therefore leave to appeal against sentence was dismissed.
7 Mar 2003
The works did not amount to repudiation because they were carried out with the tenant's informed consent and caused only temporary inconvenience; the tenant remained liable for rent while holding over; the landlord's refusal of access and conduct after 22 June amounted to acceptance of surrender by operation of law, fixing tenant's liability for rent and management fees up to 22 June 2000; accordingly plaintiff's claims succeed and defendant's counterclaim is dismissed.
13 Aug 2001
Applying ordinary contract law to leases, damages for consequential loss (loss of bargain) are available following forfeiture for non-payment of rent; the Defendant offered no meritorious defence on liability to justify lifting the prohibition order or leave to file defence out of time, therefore the interlocutory application to uplift the prohibition order and to file a defence out of time is dismissed with costs.
13 Oct 1999
The court granted leave to apply for judicial review because the applicant raised a prima facie arguable challenge that the authority to proceed may be fundamentally defective in form and substance under the Fugitive Offenders Ordinance, such that continued detention could be unlawful; the threshold for leave was met and immediate review was justified rather than deferral to magistrates' proceedings.
17 May 1988
The trial judge was entitled to prefer the police evidence, to find the applicant deliberately dishonest about his conduct after the vehicle stopped, and to draw from the applicant's flight the inference that he had guilty knowledge; on that basis the appellate court dismissed the application for leave to appeal against conviction.
13 Jul 1985
The plaintiff, as holder of a subsisting Crown Land Permit, was entitled to possession because the only licence was a bare licence granted to the father (Mr. Yip), which could not confer exclusive occupation to the defendants; the licence was surrendered in February 1984 and the defendants who remained are trespassers, so the plaintiff is entitled to possession of the land within the permit boundaries.
31 Oct 1984
The Court held that while the original sentence was not wrong in principle, the sentencing disparity between the applicant and his co-defendant was unjustified and required correction; accordingly the applicant's sentence was reduced from eight to six years to reflect comparable recognition of his cooperation.
4 Sept 1984
Tenancy was not surrendered but forfeited for non-payment; applicants lawfully retain the $8,600 deposit; arrears of rent to 16 December 1983 are payable; mesne profits are payable but reduced to $8,600 to reflect reasonable allowance for delay between forfeiture and judgment; claim for damages for the unexpired term is dismissed on procedural grounds because damages were not pleaded or included in the default orders.