Criminal

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
Appeal grounds – appeal procedure In Wiwik Lestari, Counsel for the Applicant had advanced 10 grounds of appeal. The Court had not found it necessary to invite the Prosecution to reply to any...
May 2018
Criminal law and procedure — possession of offensive weapon in public place — chilli spray — not offensive weapon per se — whether offensive weapon on basis intended for purpose of causing injury to...
April 2018
Criminal sentencing — road traffic offences — speeding — defendant pleaded guilty to charge which did not specify exact speed of vehicle alleged — whether magistrate had power to conduct Newton...
April 2018
Criminal law and procedure — costs — taxation — guidance for drafting of bills for criminal matters — basis of taxation — appropriate hourly rates — approach where government counsel did work of both...
April 2018
Criminal Sentencing - Dangerous Drugs – previous convictions - very different offences calling for very different levels of punishment and/or types of sentence D was convicted, on his own plea, of...
March 2018
Criminal law and procedure — arraignment — defendant’s personal attendance at his arraignment necessary even if he resided abroad and arraignment only for purpose of his formal acquittal Words and...
March 2018
Criminal sentencing — conspiracy to make explosive substances — possessing explosive substances — conspiracy to make smoke bombs for use at impending public demonstrations — possessing explosive...
March 2018
Meanings of "drive" and "use" an unlicensed vehicle - Road Traffic Ordinance The Defendant was charged with the offence of using an unlicensed vehicle contrary to ss. 52(1)(a) and 52(10)(a) of the...
February 2018
When a client is being charged with common assault and there is a binding over option offered, is it simply too good to miss? It is also trite law that any other non-fatal, non-sexual offences...
February 2018
Appeal – abandonment of appeal – application to treat abandonment of appeal against sentence as nullity – mind did not go with act of abandonment – application refused D pleaded guilty to...
December 2017
Conspiracy to deal with property known or believed to represent proceeds of indictable offence – mens rea – although judge erred as to mental element of offence, he had, by correct route, found...
December 2017
“Human trafficking is one of the most tragic human rights issues of our time. It splinters families, distorts global markets, undermines the rule of law, and spurs other transnational criminal...
December 2017
HKSAR v Choi Wai Lun, HCMA 620/2016 involved an under-aged girl ("PW1") offering sex services with a fee schedule through an adult website. PW1 falsely represented that she was aged 17. The...
November 2017
In HKSAR v Tam Ho Nam, FACC 3/2017, it was not in dispute that the appellant (then aged 18) killed his girlfriend who was found to have sustained 64 wounds. The appellant claimed that at the time of...
November 2017
Recent complaint – question of whether recent complaint admissible where offence charged not sexual offence but act underlying it was – however, evidence in present case not of recent complaint as...
November 2017
The background to the Government's rather clumsy proposals to extend the statutory customer due diligence and record-keeping requirements of the Anti-Money Laundering and Counter-Terrorist...
November 2017
Hearsay – admissibility – directions to the jury Customs Officers intercepted a parcel arriving in Hong Kong finding that it contained 1.07 kg of cocaine. A name, address and telephone number was...
October 2017
In HKSAR v Nguyen Anh Nga, FACC 17 of 2016 (on appeal from CACC 424 of 2012), the Court of Final Appeal addressed directions that must be given by a Judge in relation to inferences, holding that...
September 2017
Dealing with property known or believed to represent proceeds of indictable offence – suspended sentence of imprisonment – review of sentence – subject to exceptional circumstances, offence attracted...
September 2017