Interpretation at Trial (2)
In August 2019 we reported on the case of HKSAR v Moala Alipate 2019 [HKCA] 537 (http://www.hk-lawyer.org/content/interpretation-trial) where the Court of...
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Morley Chow Seto
Background
The Applicant was convicted of drug-trafficking at the High Court and appealed his conviction on the basis that the Judge had misdirected the jury by inviting them to conclude a lack of...
6 May 2020
Government law enforcement agencies have long seized mobile phones and computers (with and without warrants) where they could contain material relevant to their investigation. The seizure of such...
17 April 2020
The Applicant in bail proceedings in the High Court (having been refused bail in the Magistracy) offered as a condition of bail to install up to three CCTV cameras at his home so as to monitor his...
17 April 2020
The Applicant was charged with causing death by dangerous driving. He pleaded not guilty to the offence in the District Court but admitted the lesser offence of careless driving. He was convicted of...
9 March 2020
Conspiracy and knowledge of specific drug
Hong Kong Customs and Excise officers carried out a controlled delivery operation of parcels arriving from overseas and arrested a man. The appellant was...
14 February 2020
A barrister and a firm of solicitors were initially retained on a private basis for an Applicant in his appeal against his indecent assault conviction in the High Court. One of the grounds of appeal...
16 January 2020
Criminal Law and Procedure
HKSAR v Moala Alipate [2019] HKCA 537
Court of Appeal
Criminal Appeal No 135 of 2017
Before: Hon McWalters JA, Poon JA and Zervos JA
Date of Judgment: 26 February...
23 August 2019
The Digital Age and the Rise of Upskirting
In 1999, when Kyocera marketing executive, Hajimi Kimura introduced the world’s first mobile videophone – The VisualPhone VP-210, he said:
“Users can...
21 May 2019
Reversal of Guilty Plea/Equivocal Plea/Discretion
The Appellant was driving a private car when his offside front wheel pressed against the left foot of a pedestrian who was crossing the road from...
12 April 2019
HKSAR v Chan Chi Ho Lincoln
[2018] HKCFA 64
Court of Final Appeal
FACC No. 18 of 2018
Ma CJ, Ribiero PJ, Fok PJ, Cheung PJ, Phillips NPJ
21 December 2018
The Appellant was driving a private...
11 April 2019
An opportunity to review the current sentencing practice in drug trafficking cases presented itself to the Court of Appeal (Hon Lunn VP, Macrae VP and McWalters JA) in HKSAR v Kilima Abubakar Abbas [...
9 November 2018
Criminal law and procedure - sexual offences - indecent assault, contrary to s.122 - indecent acts with girl aged 13 but whom defendant believed was aged 17 - defence of honest and reasonable belief...
9 July 2018
Criminal evidence - expert evidence - admissibility - testimony of specialist psychiatrist on consumption rates of certain drugs in Hong Kong - whether testimony relevant and reliable - whether...
9 July 2018
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...
17 May 2018
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
