Case Updates

Ambit of defence counsel’s power to conduct trial in best interests of client – decisions to not apply for severance and to rely on exhibit – client’s informed consent – irrespective of such consent...
April 2017
Director of Immigration – Hong Kong Special Administrative Region Passports Appeal Board – decisions refusing application for Hong Kong Special Administrative Region passport on basis applicant not...
April 2017
Prosecution’s duty of disclosure – non-disclosure of police notebooks – potentially relevant and disclosable – non-disclosure rendered conviction unsafe D was convicted of assaulting a police...
April 2017
Costs – action commenced without authority but subsequently ratified – relation back of ratification as equivalent to antecedent authority – pre-ratification costs and post-ratification costs –...
April 2017
Manslaughter – aggravating factors – use of stupefying substance – planning and premeditation – sustained and violent manner of overcoming victim’s resistance – care to be taken not to give duress...
April 2017
Parties – joinder – judicial review of decision of Securities and Futures Commission to transmit compelled answers, testimony and documents to foreign regulators – whether leave to be granted for...
April 2017
Defamation – damages – general damages – libel action by plaintiff who was not named in article in question – trial judge plainly wrong in assessing number of people who would have read defamatory...
March 2017
Evidence of uncharged acts – could not be used to establish elements of offence or offences charged D was convicted of two counts of unlawful trafficking in dangerous drugs, namely 1.66 kg of...
March 2017
Arbitral award – setting aside – application to set aside under Sch. 2 s. 4 on ground of serious irregularity – where no express in agreement that Sch. 2 would apply, court had no jurisdiction –...
March 2017
Witness – law enforcement officer witness – rule that judge must not suggest to jury that law enforcement officers more unlikely than other witnesses to fabricate evidence D was convicted of...
March 2017
Affidavits – direction made in proceedings for committal for criminal contempt that affidavits or affirmations of Secretary for Justice’s witnesses stand as evidence-in-chief The Secretary for...
March 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. ...
March 2017
Illegality – illegal agreement to develop houses under Small House Policy – whether doctrine of locus poenitentiae applied – claim for return of land would fail where legal title to property no...
March 2017
Costs – patent infringement – unmeritorious interlocutory application – modern approach to costs In intellectual property proceedings for an interlocutory injunction, the Judge held that Ps were...
February 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...
February 2017
Costs – gross sum assessment – reasons for assessment – although no general duty to give reasons for costs orders, court could in appropriate case explain assessment by giving breakdown – did not...
February 2017
Common assault – whether Magistrate erred in approach to prosecution evidence, including photograph of alleged assault – whether erred in approach to defence evidence D was convicted of common...
February 2017
Injunctions – interlocutory injunction – infringement of biotechnology-related patent – whether plaintiff would suffer serious and irreparable damage if injunction not granted – inordinate delay...
February 2017
Enhancement of sentence – reasons for not enhancing sentence, which would normally be enhanced due to presence of aggravating factor, should be given The indictment contained two counts of...
February 2017
Parties – intervener – application for leave to intervene in action to conduct defence on behalf of company in liquidation improper – application should be made in winding-up proceedings under s.200(...
February 2017