Criminal

Criminal law and procedure — appeal — order for “loss of time” — approach — renewed leave application wholly unmeritorious and pursued after due warning of power to order “loss of time” — in such...
July 2019
Introduction Victims without a voice: the problem of “which of you did it?” cases In family violence and other cases where the victims are children or vulnerable adults who cannot speak up for...
July 2019
The Digital Age and the Rise of Upskirting In 1999, when Kyocera marketing executive, Hajimi Kimura introduced the world’s first mobile videophone – The VisualPhone VP-210, he said: “Users can...
May 2019
Reversal of Guilty Plea/Equivocal Plea/Discretion The Appellant was driving a private car when his offside front wheel pressed against the left foot of a pedestrian who was crossing the road from...
April 2019
Criminal sentencing — road traffic offences — dangerous driving — driving whilst disqualified — using motor vehicle without third party insurance — reckless driving worst of its kind — sentence not...
April 2019
Criminal law and procedure —directions to jury — whether directions on dealing with defence evidence, drawing inferences, previous convictions and lies inappropriate and inadequate Criminal...
March 2019
Criminal sentencing — dangerous drugs — trafficking — 5.26 g Ice — international element — appropriate enhancement of sentence — appropriate discount for self-consumption Criminal sentencing —...
February 2019
HKSAR v Saeed Ur Rehman [2018] 4 HKLRD 135 Court of Appeal Criminal Appeal No 257 of 2017 McWalters, Poon and Zervos JJA 9 August 2018 Criminal law and...
January 2019
The United States is a major destination for the people of Hong Kong. The US Consulate in Hong Kong issues around 69,000 non-immigrant visas (for temporary stays in the United States) and around 3,...
January 2019
Criminal sentencing - wounding with intent - defendant attacked friend by biting off part of his ear necessitating reconstructive surgery - victim suffered emotional trauma as result - offence not...
November 2018
An opportunity to review the current sentencing practice in drug trafficking cases presented itself to the Court of Appeal (Hon Lunn VP, Macrae VP and McWalters JA) in HKSAR v Kilima Abubakar Abbas [...
November 2018
Proceedings currently before Hong Kong courts will determine whether and how regulators can use anti-fraud provisions of the Securities and Futures Ordinance to sidestep the limitations of specific...
August 2018
Criminal law and procedure — personal data privacy offences — elements of offence — proof of mens rea not required — offence of strict liability — whether communication “direct marketing” — whether...
July 2018
The four classical principles of sentencing enumerated by Lawton LJ in James Henry Sergeant (1974) 60 Cr App R 74 “retribution, deterrence, prevention and rehabilitation” are drawn upon once an...
July 2018
Criminal law and procedure - sexual offences - indecent assault, contrary to s.122 - indecent acts with girl aged 13 but whom defendant believed was aged 17 - defence of honest and reasonable belief...
July 2018
Criminal sentencing — computation of sentences of imprisonment — whether (a) period of administrative detention; and (b) period in remand in relation to other offences of which defendant not...
July 2018
Criminal evidence - expert evidence - admissibility - testimony of specialist psychiatrist on consumption rates of certain drugs in Hong Kong - whether testimony relevant and reliable - whether...
July 2018
After 10 years of protracted court battles, the Plaintiff in Chun Sang Plastics Company Limited v Commissioner of Police & Secretary for Justice [2018] HKCFI 661 was finally awarded...
July 2018
Criminal law and procedure — jury — discharge of juror — juror sought out celebrity-public supporter of defendant who had expressed antipathy towards prosecution and views on merits of case on...
June 2018
Dangerous drugs – trafficking - knowledge The Applicant was convicted after trial of trafficking in 572 grammes of cocaine. The issue at trial was the Applicant’s knowledge that she was carrying...
May 2018