Criminal

Dangerous drugs – trafficking – 933 grams of cocaine – international element – account taken of defendant’s participation in controlled delivery operation – failure to indicate by how much starting...
December 2016
Discount and mitigation – drug trafficking – post-sentence events – recognition should be given to prisoner for participation in campaign to warn Africans about dangers of drug trafficking in Hong...
December 2016
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....
December 2016
In November 2016, the Law Reform Commission’s Sexual Offences Sub-committee published a consultation paper on Sexual Offences Involving Children and Persons with Mental Impairment, setting out its...
December 2016
Rape – restrictions on cross-examination under s. 154 – whether unfair to defendant for trial judge to have refused leave to adduce evidence of, and ask questions about complainant’s sexual...
November 2016
Organized and Serious Crimes Ordinance (Cap. 455), s. 25(4) – “In this section and section 25A, references to an indictable offence include a reference to conduct which would constitute an...
November 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...
November 2016
Organized and Serious Crimes Ordinance (Cap. 455) (“OSCO”), s. 25(1): “Subject to s. 25A, a person commits an offence if, knowing or having reasonable grounds to believe that any...
October 2016
Confessions – voluntariness – directions – approach where defendant’s out-of-court statements alleged to be result of oppression – failure to give Mushtaq direction material irregularity D was...
October 2016
Anyone arrested for a criminal offence may or may not be charged. If he is charged, he will first be brought before a magistrate, and documents such as the charge and a summary of facts of the case (...
October 2016
Dangerous drugs – appropriate enhancement for international element where more than one kilogramme of dangerous drugs were involved – appropriate discount where assistance to authorities was as...
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...
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...
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)....
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...
July 2016
What amounts to a guilty plea is obvious to the criminal practitioner: the defendant pleads guilty to a charge and admits the facts of the case with full understanding of what the elements of the...
June 2016
Circumstantial evidence – case against defendant wholly circumstantial – whether case to answer – question was whether on totality of evidence, jury entitled to draw inference of guilt D was...
May 2016
Dangerous drugs – conspiracy to traffic – defendants instructed by prisoner to post concealed drug to another prisoner – conspiracy to smuggle drugs to prisoner more serious than prisoner possessing...
May 2016
A 1980 murder in colonial Hong Kong led to the eventual development of joint enterprise in a Privy Council decision, which became known as the Chan Wing-siu principle. It became an...
May 2016
The current practice of sentencing whereby almost every Defendant who pleads guilty before trial is given a one-third reduction from the starting point for sentencing is being reconsidered by the...
May 2016