Criminal

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
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
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
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
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
Undoubtedly, one of the most significant events in recent Hong Kong history has been the Occupy Central Movement of 2014, the ramifications of which have been felt across myriad sectors, including...
May 2016
Discount and mitigation – assistance to authorities – participating in controlled delivery of dangerous drugs – approach D pleaded guilty to, inter alia, trafficking in a dangerous drug...
April 2016
Defence evidence – whether error in approach in summing-up D was convicted of conspiracy to offer advantages to an agent with two co-defendants (“C1–2”). The prosecution alleged that D, Cs and...
April 2016
Perverting justice – multiple offences involving attempted fraud – attempt to use forged document to misrepresent company’s financial status in order to rent office and to apply to vary bail...
April 2016
In HKSAR v Mak Chai Kwong & Tsang King Man, the Appellants were convicted by a District Court Judge of conspiring to defraud the Government under common law, and using documents as agents...
April 2016
Evidence of uncharged acts – prejudicial effect – specific directions required At his trial before a judge and jury in 2012, the Applicant was convicted of one count of conspiracy to traffic in...
March 2016