Hong Kong Case Law: Decisions & Judgments

Topic

Trial management and prejudice

Legal area

Court

29 Dec 2014

NG KWOK PIU PHILIP AND OTHERS v. TO PUI KUI AND OTHERS

Citation

NG KWOK PIU PHILIP AND OTHERS v. TO PUI KUI AND OTHERS
Court

Court of First Instance
Case number

HCA51/2007

Leave to amend was granted despite inordinate and inexcusable delay because (1) prior trial admissions and witness testimony had already put parties on notice of the 'paper meetings' case, (2) allowing the amendments better defines and narrows issues for trial and secures justice, and (3) the amendments would be permitted only on strict terms and a strict timetable to avoid adjournment; costs were ordered on an indemnity basis against the applicants to compensate prejudice caused by delay.
6 May 1996

NG PUI SHEUNG v. YEUNG CHICK CHEONG and Another

Citation

NG PUI SHEUNG v. YEUNG CHICK CHEONG and Another
Court

Court of First Instance
Case number

HCA298/1986

The application to re-amend was refused because the amendment amounted to a new cause of action that would be statute-barred if commenced now, was sought after inordinate delay (over ten years), would disrupt the settled trial and introduce multiple new issues, and would prejudice the defendant (recently deceased) and the interests of justice.
20 Jul 1972

JOSEPH FRANCIS PEREIRA AND OTHERS v. THE QUEEN

Citation

JOSEPH FRANCIS PEREIRA AND OTHERS v. THE QUEEN
Court

Court of Appeal
Case number

CACC938/1971

The Full Court upheld the trial judge's careful credibility findings, concluded that taken as a whole the accomplice and other evidence established the alleged conspiracies beyond reasonable doubt, and found that inconsistencies, trial length and the limited use of race calendars did not render the convictions unsafe; appeals were therefore dismissed.

Hong Kong Case Law

NG KWOK PIU PHILIP AND OTHERS v. TO PUI KUI AND OTHERS

NG PUI SHEUNG v. YEUNG CHICK CHEONG and Another

JOSEPH FRANCIS PEREIRA AND OTHERS v. THE QUEEN