Criminal

Procedural History Ms. Chu (the Respondent in this appeal) was charged with accepting an advantage as an agent contrary to section 9(1)(a) of the Prevention of Bribery Ordinance (“POBO”). At the...
September 2020
Introduction This recent case laid down the principles on what a defendant should do in order to secure an appropriate discount for early pleas to lesser offences or alternative charges....
September 2020
Facts and Procedural History On 15th November 2012, the Appellant arrived in Hong Kong from Kuala Lumpur and her suitcase was inspected at the Hong Kong International Airport. After unzipping...
August 2020
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...
June 2020
When faced with criminal charges, oftentimes the biggest fear among lay clients is the grave consequences from having a criminal record. Besides the stigma, a person with a criminal record might...
June 2020
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...
May 2020
Criminal law and procedure — trial — summing-up — summing-up on issue as to drawing of inferences would be unbalanced if it did not deal with defence case, as well as prosecution case, on issue...
May 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...
April 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...
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...
January 2020
Criminal law and procedure — without written authority of MTR Corporation, posting matters, namely stickers, in concourse of MTR station being railway premises — burden on defence to prove existence...
October 2019
Criminal law and procedure — trial — entitlement to interpretation facilities — component of right to fair trial — inadequacy of interpretation resulting in denial of fair trial D was convicted of...
September 2019
Criminal evidence — previous conviction — discretion to allow cross-examination on defendant’s previous conviction for same offence — allowed on basis defendant had “lost shield” by making...
August 2019
Criminal law and procedure — appeal — order for “loss of time” — approach — renewed leave application wholly unmeritorious and pursued after due warning of power to order “loss of time” — in such...
July 2019
Introduction Victims without a voice: the problem of “which of you did it?” cases In family violence and other cases where the victims are children or vulnerable adults who cannot speak up for...
July 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...
May 2019
Criminal sentencing — road traffic offences — dangerous driving — driving whilst disqualified — using motor vehicle without third party insurance — reckless driving worst of its kind — sentence not...
April 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...
April 2019
Criminal law and procedure —directions to jury — whether directions on dealing with defence evidence, drawing inferences, previous convictions and lies inappropriate and inadequate Criminal...
March 2019
Criminal sentencing — dangerous drugs — trafficking — 5.26 g Ice — international element — appropriate enhancement of sentence — appropriate discount for self-consumption Criminal sentencing —...
February 2019