Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Trial judge deference

  • 15 Apr 2024

    香港特別行政區 訴 李政達

    Citation
    [2024] HKCFI 1014
    Court
    Court of First Instance
    Case number
    HCMA207/2022

    Trial judge's acceptance of PW1 and PW2 as honest and reliable, together with contemporaneous facts (proximity, observed arm movement, immediate reaction by complainant and grabbing of sleeve) provided a coherent and sufficient evidential basis to conclude the appellant committed the indecent touching; appellate court will not overturn credibility findings or infer internal impossibility or misdirection on the record, therefore conviction is safe.

  • 22 Sept 2008

    HKSAR v. YIU WING SANG, SAMSON

    Citation
    HKSAR v. YIU WING SANG, SAMSON
    Court
    Court of Appeal
    Case number
    CACC312/2007

    The appellate court upheld the conviction because the trial judge, who had seen and heard the witnesses, reasonably accepted the prosecution witnesses' account that the applicant demanded protection payments and uttered menaces; the judge adequately addressed relevant discrepancies as collateral and properly rejected the defence account, so the conviction was safe and there was no lurking doubt.

  • 31 Jan 2005

    CHAN TSZ SING v. LO CHING PONG AND ANOTHER

    Citation
    CHAN TSZ SING v. LO CHING PONG AND ANOTHER
    Court
    Court of Appeal
    Case number
    CACV176/2004

    Appeal allowed in part: the court increased PSLA from $30,000 to $70,000, upheld the trial judge's finding on past loss of earnings of $7,000 and refusal to award future loss or loss of earning capacity, allowed private laser dermabrasion cost on the basis of the expert breakdown at $28,000 while disallowing amounts attributable to pre-existing scars ($13,000) and adjusting follow-up consultations to $14,000, resulting in total medical expenses of $78,668; total damages increased to $160,668; interest and costs directions specified.