Thomson Reuters – Sweet & Maxwell

Thomson Reuters – Sweet & Maxwell are the publishers of the Authorised Hong Kong Law Reports & Digest ("HKLRD") and the Authorised Hong Kong Court of Final Appeal Reports ("HKCFAR"), and providers of Westlaw HK (www.sweetandmaxwell.com.hk / www.westlaw.com.hk).

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...
10 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...
10 April 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...
10 April 2017
Parties – joinder – judicial review of decision of Securities and Futures Commission to transmit compelled answers, testimony and documents to foreign regulators – whether leave to be granted for...
10 April 2017
Costs – action commenced without authority but subsequently ratified – relation back of ratification as equivalent to antecedent authority – pre-ratification costs and post-ratification costs –...
10 April 2017
Director of Immigration – Hong Kong Special Administrative Region Passports Appeal Board – decisions refusing application for Hong Kong Special Administrative Region passport on basis applicant not...
10 April 2017
Defamation – damages – general damages – libel action by plaintiff who was not named in article in question – trial judge plainly wrong in assessing number of people who would have read defamatory...
8 March 2017
Witness – law enforcement officer witness – rule that judge must not suggest to jury that law enforcement officers more unlikely than other witnesses to fabricate evidence D was convicted of...
8 March 2017
Evidence of uncharged acts – could not be used to establish elements of offence or offences charged D was convicted of two counts of unlawful trafficking in dangerous drugs, namely 1.66 kg of...
8 March 2017
Illegality – illegal agreement to develop houses under Small House Policy – whether doctrine of locus poenitentiae applied – claim for return of land would fail where legal title to property no...
8 March 2017
Affidavits – direction made in proceedings for committal for criminal contempt that affidavits or affirmations of Secretary for Justice’s witnesses stand as evidence-in-chief The Secretary for...
8 March 2017
Arbitral award – setting aside – application to set aside under Sch. 2 s. 4 on ground of serious irregularity – where no express in agreement that Sch. 2 would apply, court had no jurisdiction –...
8 March 2017
Costs – patent infringement – unmeritorious interlocutory application – modern approach to costs In intellectual property proceedings for an interlocutory injunction, the Judge held that Ps were...
8 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...
8 February 2017
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...
8 February 2017
Parties – intervener – application for leave to intervene in action to conduct defence on behalf of company in liquidation improper – application should be made in winding-up proceedings under s.200(...
8 February 2017
Injunctions – interlocutory injunction – infringement of biotechnology-related patent – whether plaintiff would suffer serious and irreparable damage if injunction not granted – inordinate delay...
8 February 2017
Costs – gross sum assessment – reasons for assessment – although no general duty to give reasons for costs orders, court could in appropriate case explain assessment by giving breakdown – did not...
8 February 2017
Co-ownership – partition – application for order for sale of land under s. 6 – “very great hardship” shown X was adjudicated bankrupt. Together with her father, Y, they held property as joint...
10 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 –...
10 January 2017
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