Appeal grounds – appeal procedure
In Wiwik Lestari, Counsel for the Applicant had advanced 10 grounds of appeal. The Court had not found it necessary to invite the Prosecution to reply to any...
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Morley Chow Seto
Dangerous drugs – trafficking - knowledge
The Applicant was convicted after trial of trafficking in 572 grammes of cocaine. The issue at trial was the Applicant’s knowledge that she was carrying...
17 May 2018
Criminal Sentencing - Dangerous Drugs – previous convictions - very different offences calling for very different levels of punishment and/or types of sentence
D was convicted, on his own plea, of...
7 March 2018
Meanings of "drive" and "use" an unlicensed vehicle - Road Traffic Ordinance
The Defendant was charged with the offence of using an unlicensed vehicle contrary to ss. 52(1)(a) and 52(10)(a) of the...
13 February 2018
In HKSAR v Tam Ho Nam, FACC 3/2017, it was not in dispute that the appellant (then aged 18) killed his girlfriend who was found to have sustained 64 wounds. The appellant claimed that at the time of...
7 November 2017
HKSAR v Choi Wai Lun, HCMA 620/2016 involved an under-aged girl ("PW1") offering sex services with a fee schedule through an adult website. PW1 falsely represented that she was aged 17. The...
7 November 2017
Hearsay – admissibility – directions to the jury
Customs Officers intercepted a parcel arriving in Hong Kong finding that it contained 1.07 kg of cocaine. A name, address and telephone number was...
4 October 2017
In HKSAR v Nguyen Anh Nga, FACC 17 of 2016 (on appeal from CACC 424 of 2012), the Court of Final Appeal addressed directions that must be given by a Judge in relation to inferences, holding that...
15 September 2017
In HKSAR v Law Wing Fai (HCMA 476 of 2016) and HKSAR v Gilbert Henry Collins (HCMA 21 of 2017), the Court of Appeal answered the following question: whether a driver who drink-drives, and has a valid...
25 August 2017
On 26 January 2017, the Court of First Instance handed down a judgment on s.35G of Personal Data (Privacy) Ordinance (Cap. 486) (“PDPO”) in HKSAR v Hong Kong Broadband Network Limited, HCMA 624/...
10 April 2017
Admissions – equivocal or ambiguous statements
The Appellant was directed to go through a customs inspection when she arrived at Hong Kong International Airport from Kuala Lumpur in 2012. ...
8 March 2017
Corruption and bribery offences – meaning of “agent” and “other document” for the purpose of s. 9(3) of the Prevention of Bribery Ordinance – deception on company by sole directors of that company...
8 February 2017
In September 2016, we reported on the decision by the Appeal Committee of the Court of Final Appeal (“CFA”) to grant leave to appeal to the CFA on the following question:
“May a single Justice of...
7 February 2017
Recent Court of Appeal Judgements allowing the appeals on three drug-trafficking convictions demonstrate the difficulties in addressing juries on how to deal with evidence put before them....
8 December 2016
In HKSAR v Wan Thomas & Ors (HCMA 700/2013), the first defendant had set up a company to “assist the family and friends of persons in custody so that mutual communication can be...
7 November 2016
Trial – jury – jury required by trial judge to deliberate overnight – whether lack of appropriate direction from judge gave rise to risk of placing jury under unacceptable pressure to deliver verdict...
20 September 2016
Upon being convicted of burglary by a District Court Judge, MD Emran Hossain (“Hossain”) was sentenced to 3 years’ imprisonment. He sought leave to appeal against conviction and sentence (the “leave...
14 September 2016
In May of this year, we reported on the consideration by the Court of Appeal of the practice in sentencing whereby an applicant is afforded a full one-third discount from the starting point for...
7 September 2016
On 11 July 2016, the Court of Final Appeal (“CFA”) handed down its judgment in two much anticipated decisions concerning money laundering (see FACC 5 & 6/2015 and FACC 1/2015, heard together)....
4 August 2016
The decision in HKSAR v Chan Huandai highlighted the problems of running jury trials in the Internet age. In this article, Morley Chow Seto examines the decision and the possible solutions...
11 July 2016
