Criminal

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
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
In September 2016, we reported on the decision by the Appeal Committee of the Court of Final Appeal (“CFA”) to grant leave to appeal to the CFA on the following question: “May a single Justice of...
February 2017
The right to remain silent is a powerful weapon in the hands of criminal defence lawyers in Hong Kong as affirmed in the recent case of HKSAR v ATA ASAF [2016] HKCFA 31. Here, the Court of...
January 2017
Evidence of uncharged acts – should not be admitted unless jury would have incomplete or incomprehensible account of events without such evidence – if nevertheless admitted, jury should be directed...
January 2017
Trial – directions to jury – misdirections as to drawing of inferences and approach to prosecution witnesses – prejudicial effect capable of being redressed – stay of prosecution rightly refused –...
January 2017
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