Criminal

Conspiracy and knowledge of specific drug Hong Kong Customs and Excise officers carried out a controlled delivery operation of parcels arriving from overseas and arrested a man. The appellant was...
February 2020
A barrister and a firm of solicitors were initially retained on a private basis for an Applicant in his appeal against his indecent assault conviction in the High Court. One of the grounds of appeal...
January 2020
Criminal law and procedure — without written authority of MTR Corporation, posting matters, namely stickers, in concourse of MTR station being railway premises — burden on defence to prove existence...
October 2019
Criminal law and procedure — trial — entitlement to interpretation facilities — component of right to fair trial — inadequacy of interpretation resulting in denial of fair trial D was convicted of...
September 2019
Criminal evidence — previous conviction — discretion to allow cross-examination on defendant’s previous conviction for same offence — allowed on basis defendant had “lost shield” by making...
August 2019
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
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
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
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 - 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