Criminal Evidence

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 procedure - trial - fair trial - whether…
January 2019
Anyone arrested for a criminal offence may or may not be charged. If he is charged, he will first be brought before a magistrate, and documents such as the charge and a summary of facts of the case (…
October 2016
Upon being convicted of burglary by a District Court Judge, MD Emran Hossain (“Hossain”) was sentenced to 3 years’ imprisonment. He sought leave to appeal against conviction and sentence (the “leave…
September 2016
In L v B (HCCT 41/2015), proceedings relating to enforcement of an arbitration award in Hong Kong, the Court of First Instance (“Court”) granted the Applicant substantial security in return for…
September 2016
Background   The China State Administration of Industry and Commerce recently issued the Online Advertising Regulation (the “Regulation”) which will come into force on 1 September 2016. The…
September 2016
On 13 July 2016, the China Food and Drug Administration (“CFDA”) issued the Measures for the Investigation and Handling of Illegalities of Online Food Safety 2016, which will take effect on 1 October…
September 2016
Almost 130 years ago, Louis Brandeis and Samuel Warren observed: “[t]hat the individual shall have full protection in person and in property is a principle as old as the common law; but it has been…
September 2016
As noted in the Insights for August 2016 (“Legitimate Interest in Without Prejudice Communications”) there have been some interesting recent common law developments concerning the “unambiguous…
September 2016
The principle that “fraud unravels all” (whether judgments, contracts or other transactions) is one that is familiar to lawyers. In the recent case of Hayward v Zurich Insurance Co. Plc [2016] UKSC…
September 2016
An event like the “Panama Papers” has raised questions about the restrictions on disclosure of information in offshore jurisdictions. In response to these concerns, on 15 July 2016, the Governor of…
September 2016
According to an announcement on the official website of the National People’s Congress (“NPC”) on 28 June 2016, the NPC conducted its first reading of the General Principles of the Civil Law of the…
September 2016
In Harvest Treasure Ltd v Cheung Fat Enterprises Ltd [2016] HKEC 1550 (to be reported), the Court of Appeal recently clarified the circumstances in which an expert witness, subject to the “Code of…
September 2016
Undoubtedly, one of the most significant events in recent Hong Kong history has been the Occupy Central Movement of 2014, the ramifications of which have been felt across myriad sectors, including…
May 2016