Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Trial delay

  • 21 Jul 2021

    HKSAR v. LIANG YAOQIANG (梁耀強)

    Citation
    [2021] HKCFA 26
    Court
    Court of Final Appeal
    Case number
    FACC5/2021

    The Court re‑exercised the s83E discretion, concluded the majority of the Court of Appeal had taken into account irrelevant considerations (attributing tactical misconduct to defence counsel unsupported by evidence), found the cumulative factors (multiple prior trials, long custody, risk of prejudice from lapse of time and the arguable strength of provocation/diminished responsibility defences) meant the interests of justice did not require a further retrial, quashed the order for retrial, entered a conviction for manslaughter on the basis of provocation and imposed a sentence permitting imme…

  • 16 Oct 1992

    THE QUEEN v. LAU KWOK HUNG

    Citation
    THE QUEEN v. LAU KWOK HUNG
    Court
    Court of First Instance
    Case number
    HCMP1703/1991

    The judge found that the cumulative delay (17 months and an additional postponement) violated the appellant's right under Article 5(3) of the Bill of Rights; absent new evidence of risk of interference or absconding and having weighed the length of pre-trial custody against likely sentence, the public interest did not outweigh the right to liberty, and bail should be granted with strict financial conditions.

  • 24 Nov 1983

    ATTORNEY GENERAL v. CHU PIU-WING AND OTHERS

    Citation
    ATTORNEY GENERAL v. CHU PIU-WING AND OTHERS
    Court
    Court of Appeal
    Case number
    CAAR3/1983

    Although the sentences imposed were inadequate and wrong in principle given the seriousness of corrupt conduct by police officers, the Court refused to increase the sentences on review because exceptional ad misericordiam circumstances (an aborted first trial causing delay, almost one year between first appearance and final judgment, and two respondents having already served their sentences and obtained employment) made interference unjust; therefore the application to increase sentences was dismissed.

  • 3 Nov 1978

    ATTORNEY GENERAL v. IP CHONG-KWAN AND OTHERS

    Citation
    ATTORNEY GENERAL v. IP CHONG-KWAN AND OTHERS
    Court
    Court of Appeal
    Case number
    CACC687/1978

    The Court held the learned judge erred in law by refusing a short adjournment on inadequate grounds (misplaced reliance on forum and perceived prejudice to defendants) where a ten‑minute misestimate led to absence of witnesses and resulted in injustice; the appeal was allowed and the case remitted to the trial court to determine whether further evidence should be offered.