This section comprises the summaries of notable judgments in the past 12 months. Summaries are prepared for selected cases which involve important or significant legal principles or issues, issues of public interest, issues that attract strong media or public interest, and/or for educational purpose. The section aims to assist the public to understand the notable judgments and hence is not intended to be exhaustive. Please visit the Judiciary website for reference to other cases not covered in this section.

(The summaries of notable judgments contained in this section are prepared by the Department of Justice (DoJ) based on DoJ's own interpretation and understanding of the judgments of the courts concerned. The summaries are not legal advice and should not be relied upon by anyone as such. The summaries have no legal effect and are not intended to be cited as authorities of any kind. To fully understand the legal effect of the courts' judgments, the whole judgments of the courts concerned should be looked at.)

"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
  16 Jul 2021 Court of Final Appeal HKSAR v. LEUNG CHUNG HANG SIXTUS

FACC 2/2021
Mental element of the 'likely limb' of the offence of unlawful assembly Download
  25 Mar 2021 Court of Appeal SECRETARY FOR JUSTICE v. TONG WAI HUNG & OTHERS

CASJ 1/2020
The doctrine of joint enterprise in the offences of unlawful assembly and riot Download
  17 Mar 2021 Court of Appeal SECRETARY FOR JUSTICE v. LIU CHI FUNG

CACC 108/2020
Sentencing considerations for triad offences Download
  10 Feb 2021 Court of Appeal SECRETARY FOR JUSTICE v. CWC

CAAR 12/2020
Arson being reckless as to whether life would be endangered - convicted young person - sentencing considerations Download
  10 Feb 2021 Court of Appeal SECRETARY FOR JUSTICE v. LHY

CAAR 10/2020
Sentencing considerations for the offence of assaulting police officer Download
  10 Feb 2021 Court of Appeal HKSAR v. SHUM MAN-FAI

CACC 338/2019
Importance of a defendant's subjective view concerning the issue of reasonableness of self-defence Download
  09 Feb 2021 Court of Final Appeal HKSAR v. LAI CHEE YING

FACC 1/2021
Principles governing bail under the National Security Law Download
  26 Jan 2021 Court of Appeal HKSAR v. YIU CHI MING

CACC 142/2018
Directions to the jury on admissions Download
  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 KUI

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
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