Criminal

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...
November 2017
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...
November 2017
The background to the Government's rather clumsy proposals to extend the statutory customer due diligence and record-keeping requirements of the Anti-Money Laundering and Counter-Terrorist...
November 2017
Recent complaint – question of whether recent complaint admissible where offence charged not sexual offence but act underlying it was – however, evidence in present case not of recent complaint as...
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...
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...
September 2017
Dealing with property known or believed to represent proceeds of indictable offence – suspended sentence of imprisonment – review of sentence – subject to exceptional circumstances, offence attracted...
September 2017
Dangerous drugs – trafficking – conviction on charge of trafficking – appellate court satisfied that precise quantity of drugs in defendant’s possession were for trafficking while rest should be...
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...
August 2017
Dealing with property known or believed to represent proceeds of indictable offence – criminal liability for acts of another – prosecution case not presented in clear manner – failure to allege...
August 2017
Wasted costs order – defence counsel ordered to pay wasted costs personally for his conduct during trial – principles involved in making wasted costs order – court’s approach D appeared in the...
August 2017
Fresh evidence – appeal proceedings – refusal to admit evidence on appeal – no reasonable explanation advanced for failure to adduce such evidence at first instance – court not satisfied admitting...
July 2017
Prosecution’s duty of disclosure – suggestions as to improvement of system for ensuring that proper disclosure made D faced a count of conspiracy to throw corrosive fluid, namely sulphuric acid,...
July 2017
Costs – taxation – Department of Justice, as receiving party in taxation of costs in criminal appeal, should provide information on seniority of Government counsel involved in appeal The question...
July 2017
Multiple offences – totality – final stage of process by which court determined appropriate totality of sentence D (who was in his mid-50s, had lived in Hong Kong since the age of eight and was...
June 2017
Trial – summing-up – whether trial judge inaccurately portrayed defence case and used denigratory and dismissive language – whether summing-up unbalanced and unfair D was convicted of trafficking...
May 2017
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
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
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
Late in 2016, the Court of Final Appeal (“CFA”) in HKSAR v Chan Kam Shing, FACC 5/2016 confirmed that joint enterprise liability remains part of Hong Kong criminal law. In so ruling,...
March 2017