Criminal

Wasted costs order – defence counsel ordered to pay wasted costs personally for his conduct during trial – principles involved in making wasted costs order – court’s approach D appeared in the...
August 2017
Costs – taxation – Department of Justice, as receiving party in taxation of costs in criminal appeal, should provide information on seniority of Government counsel involved in appeal The question...
July 2017
Fresh evidence – appeal proceedings – refusal to admit evidence on appeal – no reasonable explanation advanced for failure to adduce such evidence at first instance – court not satisfied admitting...
July 2017
Prosecution’s duty of disclosure – suggestions as to improvement of system for ensuring that proper disclosure made D faced a count of conspiracy to throw corrosive fluid, namely sulphuric acid,...
July 2017
Multiple offences – totality – final stage of process by which court determined appropriate totality of sentence D (who was in his mid-50s, had lived in Hong Kong since the age of eight and was...
June 2017
Trial – summing-up – whether trial judge inaccurately portrayed defence case and used denigratory and dismissive language – whether summing-up unbalanced and unfair D was convicted of trafficking...
May 2017
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...
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...
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...
April 2017
Late in 2016, the Court of Final Appeal (“CFA”) in HKSAR v Chan Kam Shing, FACC 5/2016 confirmed that joint enterprise liability remains part of Hong Kong criminal law. In so ruling,...
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...
March 2017
Admissions – equivocal or ambiguous statements The Appellant was directed to go through a customs inspection when she arrived at Hong Kong International Airport from Kuala Lumpur in 2012. ...
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...
March 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...
February 2017
Corruption and bribery offences – meaning of “agent” and “other document” for the purpose of s. 9(3) of the Prevention of Bribery Ordinance – deception on company by sole directors of that company...
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...
February 2017
In September 2016, we reported on the decision by the Appeal Committee of the Court of Final Appeal (“CFA”) to grant leave to appeal to the CFA on the following question: “May a single Justice of...
February 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 –...
January 2017
The right to remain silent is a powerful weapon in the hands of criminal defence lawyers in Hong Kong as affirmed in the recent case of HKSAR v ATA ASAF [2016] HKCFA 31. Here, the Court of...
January 2017
Evidence of uncharged acts – should not be admitted unless jury would have incomplete or incomprehensible account of events without such evidence – if nevertheless admitted, jury should be directed...
January 2017