Summaries of Notable Judgments in the Past 12 Months

"Significant Judicial Decisions involving the Government Criminal Cases. This table consists of 5 columns. The first column is 'Number', the second column is 'Case Name', the third column is 'Court / Contract Ref.', the forth column is 'Date of Latest Judgment / Reasons for Verdict'
No. Date Court Case Name / Number Subject Matter
Involved
Summary
  23 Dec 2020 Court of Appeal SECRETARY FOR JUSTICE v. YUEN CHI SHING

CAAR 6/2020
Sentencing considerations for the offence of unlawful assembly Download
  18 Dec 2020 Court of Appeal SECRETARY FOR JUSTICE v. YU KA KU

CAAR 5/2020
The Offence of Unlawful Assembly – Sentencing Consideration Download
  03 Dec 2020 Court of Appeal SECRETARY FOR JUSTICE v. CHUNG KA HO

CAAR 4/2020
Sentencing considerations for the offence of unlawful assembly not involving actual violence Download
  26 Nov 2020 Court of Appeal HKSAR v. HERRY JANE YUSUPH

CACC 93/2019
Sentencing approach and considerations for the offence of trafficking in dangerous drugs Download
  13 Nov 2020 Court of Appeal SECRETARY FOR JUSTICE v. CMT & YYH

CAAR 3/2020
Sentencing young offenders for unlawful assembly involving violence; purpose of the recording of a conviction; care or protection order generally inappropriate as it lacks punitive element and deterrence effect Download
  09 Nov 2020 Court of Appeal SECRETARY FOR JUSTICE v. KUNG YAT KAN, CLIFFORD

CAAR 8/2020
Assaulting a police officer - sentencing considerations - non-custodial sentence generally inappropriate Download
  28 Oct 2020 Court of Appeal SECRETARY FOR JUSTICE v. SHY

CAAR 7/2020
Possession of instrument fit and intended for unlawful purposes (for making petrol bomb) - Sentencing considerations - Non-custodial sentence inappropriate Download
  14 Oct 2020 Court of Appeal SECRETARY FOR JUSTICE v. WONG CHEUNG KIT

CAAR 9/2020
Sentencing considerations for the offence of causing death by dangerous driving Download
  23 Sep 2020 Court of Final Appeal HKSAR v. YUONG HO CHEUNG & OTHERS

FACC 1/2020
Elements of the offence created under section 52(3) and (10) of the Road Traffic Ordinance, Cap.374 Download
  22 Sep 2020 Court of Appeal SECRETARY FOR JUSTICE v. SWS

CAAR 1/2020
Sentencing young offender for arson; non-custodial sentence generally inappropriate Download
  17 Sep 2020 Court of First Instance HKSAR v. NG MAN YUEN AVERY, CHAU KA FAAT and CHENG PUI LUN

HCMA 492/2019
Spontaneous demonstration only under special circumstances; reasonable and appropriate measures of authorities to ensure demonstration peaceful; elements of offence of unlawful assembly and incitement Download
  27 Jul 2020 Court of Appeal HKSAR v. LAM KAI MAN

CACC 246/2019
Discount for plea to a lesser offence or an alternative charge rejected by the prosecution but matches the eventual verdict or is later accepted by the prosecution Download
  09 Jul 2020 Court of Final Appeal HKSAR v. KWAN KA HEI

FACC 8/2019
Definition of "explosive substance" in Part VII of the Crimes Ordinance, Cap. 200 Download
  30 Jun 2020 Court of Final Appeal HKSAR v. CHU ANG

FACC 6/2019
Bribery Download
  26 Jun 2020 Court of Appeal HKSAR v. LUI TSUN SUM, KO SHING HO AND LU CHUN LAM

CACC 331/2018
Presumption of doli incapax and amendment of charges Download
  24 Jun 2020 District Court HKSAR v. YIU SIU HONG

DCCC 57/2020
Sentencing considerations for the offences of possession of offensive weapons (petrol bombs) and attempted arson with intent Download
  2 June 2020 Court of Appeal SECRETARY FOR JUSTICE v. LEUNG KWOK HUNG

HCMA 520/2018
Freedom of speech and debate (section 3) and the offence of contempt (section 17(c)) under the Legislative Council (Powers and Privileges) Ordinance (Cap. 382) Download
  15 May 2020 District Court HKSAR v. SIN KA HO

DCCC 783/2019
Sentencing considerations for the offence of riot Download
  29 Apr 2020 Court of Appeal HKSAR v. L.Y.Y.

CACC 84/2018
The danger of misuse of complaint evidence by trial counsel in cases of sexual offences Download
  29 Apr 2020 Court of Appeal HKSAR v. LEUNG TIN KEI & OTHERS

CACC 164/2018
The requirement of common purpose of the offence of unlawful assembly and riot; Sentencing considerations for the offence of riot Download
  24 Apr 2020 Court of Appeal HKSAR v. SK WASIM

CACC 77/2019
International element for drug trafficking sentencing Download
  24 Apr 2020 Court of First Instance HKSAR v. LAM TSZ KIN HOWARD

HCMA 179/2019
Identification evidence based on substantial viewing and analysis of photographic images Download
  24 Apr 2020 Court of Appeal SECRETARY FOR JUSTICE v. LAW MAN CHUNG

CAAR 4/2019
Sentencing considerations for the offence of desecrating the National Flag Download
  17 Apr 2020 Court of Final Appeal HKSAR v. CHAN SIU TAN
HKSAR v. WONG CHO SHING & OTHERS

FAMC 48 & 49/2019
Admissibility of video evidence Download
  16 April 2020 Court of Final Appeal HKSAR v. SETO KIN KWAN FRANCO

FAMC 60/2019
Mens rea for the offence of soliciting or accepting an advantage under s.9(1) of the Prevention of Bribery Ordinance (Cap. 201) Download
  26 Mar 2020 Court of Appeal SECRETARY FOR JUSTICE v. TSANG WAI LING

CAAR 1/2019
Sentencing considerations for theft or fraud practised on banks Download
  25 Mar 2020 Court of Appeal HKSAR v. GUTIERREZ ALVAREZ, KEISHU MERCEDES

CACC 320/2016
Right to a fair trial does not guarantee a system of verification of translation between the interpreter and the accused Download
  11 Mar 2020 Court of Final Appeal HKSAR v. CHENG WING KIN

FACC 5/2019
Corrupt conduct at election Download
  13 Jan 2020 Court of Appeal HKSAR v. RAHMAN MD SHEIKH MOJIBUR

CACC 333/2018
Acquitted defendant's costs where the defendant chose not to disclose a good defence available at investigative stage Download
  10 Jan 2020 Court of Final Appeal HKSAR v. CHOW HO YIN

FACC 4/2019
Court's discretion to proceed with a trial in the absence of an accused Download
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