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Citation
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Judgment date
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| October 2021 |
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Administrative Law
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26 October 2021 |
| June 2021 |
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22 June 2021 |
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Criminal law
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22 June 2021 |
| May 2021 |
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Administrative Law
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3 May 2021 |
| January 2021 |
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29 January 2021 |
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29 January 2021 |
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29 January 2021 |
| December 2020 |
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Respondents ordered to pay appeal costs; assessment remitted to judge to determine sums and costs below.
Costs — Advance Reservations meaning — protective offers under Order 22 r.14 — offers may be considered but effect postponable pending assessment — liability on advance reservations; assessment remitted to trial judge — appellate costs awarded to appellants; below costs to be assessed.
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31 December 2020 |
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31 December 2020 |
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31 December 2020 |
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31 December 2020 |
| November 2020 |
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26 November 2020 |
| October 2020 |
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Applicant entitled to payment for 116 days accumulated leave vested as at 16 February 1998; later circular not retrospective.
Public service leave law — Interpretation of General Orders 1998 (Orders 8.1.17, 8.1.21) — Transitional vesting of accumulated leave as at 16 February 1998 — Prospective effect of March 4, 2011 Circular capping payable accumulated leave — Appropriate remedy and remittance for assessment where quantum disputed.
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2 October 2020 |
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Court departed from the usual costs rule, ordering each party to bear own costs because the appeal raised public‑interest issues.
Costs — departure from rule that costs follow the event where issues are of general public importance — construction of Regulation 4(6) — application for costs below where no recorded costs order and no appeal on that point.
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2 October 2020 |
| August 2020 |
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31 August 2020 |
| January 2020 |
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30 January 2020 |
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30 January 2020 |
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30 January 2020 |
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30 January 2020 |
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30 January 2020 |
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30 January 2020 |
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30 January 2020 |
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30 January 2020 |
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30 January 2020 |
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30 January 2020 |
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30 January 2020 |
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30 January 2020 |
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20 January 2020 |
| September 2019 |
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Outgoing manager may retain a reasonable adjusted fee for advance bookings procured before termination; remainder of deposits payable to proprietors.
Contract construction – condominium management agreements – advance reservations – whether outgoing manager earns full commission on reservations made before termination – interpretation of clauses 1.4, 3.1 and 8.3 – entitlement to reasonable adjusted remuneration – matter remitted for quantification.
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26 September 2019 |
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Whether inconsistent verdicts and alleged misdirection rendered the rape conviction unsafe; appeal dismissed and sentence affirmed.
Criminal law – inconsistent verdicts – burden on appellant to show that inconsistent verdicts cannot reasonably stand; Summing‑up – duty to put defence fairly but rejected counsel suggestions are not evidence; Prior inconsistent statement – exclusion where collateral to consent issue; Sentencing – starting point and aggravating features for rape, custodial sentence affirmed.
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26 September 2019 |
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Section 20 summonses are limited to formal inquiries; confidential bank information requires statutory production or inquiry mechanisms.
Integrity Commission Ordinance – s.20 summons powers limited to formal inquiries under s.46; no freestanding summons power for general investigations. Statutory interpretation – read s.20 in context of Part III; distinguish between functions and conferred powers. Investigative powers – Part IV provides production orders and investigative officer powers (s.30) as proper routes to obtain confidential materials
Confidentiality – Confidential Relations Ordinance applies to bank customer information; Ordinance does not exclude CRO. Constitutional consideration – constitutional role of Commission does not justify broadening s.20 beyond formal inquiry context
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26 September 2019 |
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Failure to direct on GSR source and admission of spent shells recovered 18 hours later rendered the trial unfair; convictions quashed.
Criminal evidence – forensic evidence (GSR) – necessity to direct jury on source and limitations of GSR; Evidence and procedure – admissibility of recovered exhibits – delay, scene security and chain of custody; Prejudice vs probative value – trial judge’s discretion to exclude evidence to ensure a fair trial; Conviction unsafe where prejudicial evidence improperly admitted.
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26 September 2019 |
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Appeal dismissed: fresh evidence refused, guilty plea voluntary, and no exceptional circumstances justified avoiding seven-year mandatory sentence.
Criminal procedure – fresh evidence on appeal – Sundama test: unavailable at trial, reasonable explanation, relevance and credibility required.* Criminal law – withdrawal of guilty plea – plea must be unequivocal, voluntary and informed; residual discretion to allow withdrawal only in clear cases of injustice.* Sentencing – firearms offences – mandatory minimum sentence applicable absent ‘exceptional circumstances’; appellate interference only where trial judge clearly wrong.* Constitutional challenge – mandatory minimum sentences scrutinised for arbitrariness/disproportion but upheld where judge properly applied exceptionality test.
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25 September 2019 |
| March 2019 |
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22 March 2019 |
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22 March 2019 |
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22 March 2019 |
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Judge’s failure to direct that intent arising from provocation reduces murder to manslaughter led to conviction being quashed and substituted.
Criminal law — Provocation/loss of self-control — Trial judge's directions — Intent to kill may arise from provocation and reduce murder to manslaughter — "Laws of England" in local Ordinance construed as law at time of enactment — Misleading jury directions warrant appellate intervention.
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22 March 2019 |
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A magistrate is functus officio once a conviction or sentence is announced and cannot later add mandatory disqualification.
Magistrates’ sentencing — functus officio — announcement of conviction/sentence completes decision — magistrate cannot later alter or add mandatory statutory disqualification — proper remedy is judicial review (certiorari).
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22 March 2019 |
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Failure to warn jury about possible improper motive of detained prosecution witness rendered convictions unsafe; retrial ordered.
Criminal law – credibility of detained witness – detention continued under Firearm Related Offences (Detention and Bail) Ordinance; indicia of improper motive; duty on judge to identify evidential basis for possible taint and to warn jury to be cautious before accepting such evidence; failure to do so renders conviction unsafe – retrial ordered.
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22 March 2019 |
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Conviction quashed where judge failed to direct jury on key inconsistencies and witness credibility.
Criminal law – firearms offence – jury directions – duty of judge to analyse material inconsistencies between witness testimony and forensic/police evidence – cautionary direction where witness may be biased (family animus) – miscarriage of justice where omissions render conviction unsafe.
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6 March 2019 |
| November 2018 |
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Counsel’s failure to consult on alibi witnesses and to secure a good character direction rendered the trial unfair; conviction quashed.
Criminal appeal — right to a fair trial — defence counsel’s duty to consult accused before declining to call alibi witnesses — duty to take instructions about previous/spent convictions and to seek a good character direction — failure may render conviction unsafe — retrial ordered.
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21 November 2018 |
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Circumstantial evidence and equivocal statements were insufficient to prove the applicant’s possession or keeping; convictions quashed.
Criminal law – Circumstantial evidence – possession of controlled drug – elements of possession (custody/control and knowledge) – necessity to exclude reasonable hypotheses inconsistent with guilt.* Criminal law – Firearms Ordinance – occupier presumed keeper – limits of inference where multiple adult occupants have access.* Evidence – Equivocal extra-judicial utterances – caution in leaving meaning to jury – equivocal statements may carry no weight as admissions.* Evidence – Hearsay – third party statements recounted by police – inadmissible if relied on testimonialy.* Criminal procedure – Jury directions – requirement to direct acquittal if reasonable doubt remains; appellate intervention where verdict unreasonable.
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21 November 2018 |
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Defective jury summation deprived the appellant of a fair trial; conviction quashed and no retrial ordered.
Criminal law – jury summation – necessity of judge’s directions on burden, standard of proof, legal definition of rape and reasonable belief in consent – appellate review under constitutional fair trial and record rights (s6(1), s6(3), s6(12)) – defective record renders conviction unsafe – remedy: quash conviction, no retrial due to delay.
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2 November 2018 |
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1 November 2018 |
| August 2018 |
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31 August 2018 |
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A charging order under s39(3) attaches only to legal estates or bare trusts, not equitable proceeds from constructive trusts.
Charging orders – section 39(3) Civil Procedure Ordinance – scope limited to legal estates and bare trusts; Common-intention/constructive trusts – equitable interest normally limited to proceeds of sale; Verification required before converting charging order nisi to absolute where third-party legal title affected; Charging order cannot attach to Crown’s title when Crown is not judgment debtor.
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31 August 2018 |
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Single-particle GSR admissible but of no standalone evidential value; applicant’s conviction and sentence affirmed.
Criminal law – evidential and admissibility issues – gunshot residue (GSR) – single particle and low-level findings; secondary transfer and limited probative value; jury directions and weight of forensic evidence; shoeprint comparison evidence; proviso/safety of conviction.
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31 August 2018 |
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Whether the respondent held a 'hotel licence' under the Business Licensing Ordinance for preferential electricity rates.
Statutory interpretation — meaning of "hotel licence" in subordinate regulations; interaction of Liquor Licensing Ordinance, Business Licensing Ordinance and Tourist Accommodation (Licensing) Ordinance; judicial research and procedural fairness; costs discretion (standard vs indemnity).
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31 August 2018 |
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Conviction for carrying a firearm upheld; incomplete weapon can be a 'firearm' and mandatory sentence of seven years imposed.
Firearms — statutory definition — component parts and deactivated weapons; Criminal procedure — jury directions on firearm definition, good character (credibility and propensity limbs), and burden of proof; Right to silence — no duty on accused to call expert evidence; Sentencing — mandatory minimums, unlawful suspension corrected.
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31 August 2018 |
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Appellant’s false imprisonment conviction quashed for misdirection and failure to put defence that complainant could leave.
Criminal law – False imprisonment – Essential element of total restraint – Trial judge’s duty to put defence to jury where complainant admits ability to leave; Misdirection by conflating offences; Improper reliance on police opinion and size of response; Conviction quashed as unsafe
Sentencing – Burglary sentence reduced from five to four years; credit for time served
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31 August 2018 |