criminal

10Oct2018

When do judges refer matters to prosecuting authorities and regulatory bodies for consideration of criminal behaviour or regulatory misconduct?

Introduction When judges learn of a possible crime or professional misconduct during the trial of a matter, they sometimes refer the factual issues to the Secretary for Justice (“SJ”) and/or regulatory bodies for further investigation. In most cases judges do not specify whether they are…Read More

24May2018

Court of Final Appeal’s answers on the issue of establishing a defence to indecent assaults on underage victims

In October 2017, we wrote about the magistracy appeal decision of香港特別行政區訴蔡偉麟 (HKSAR v Choi Wai Lun) (unreported HCMA 620/2016, 31 July 2017): Is a genuine belief that an underage victim is over 16 a defence to an indecent assault? On 9 May 2018, the Court of…Read More

06Mar2018

Know your rights: is a warrant needed before the Police can search seized mobile phones?

Case facts Mr Sham Wing Kan, a participant in the 1 July 2014 procession, was arrested by police for suspected offence of obstructing a police officer in execution of his duty by idling the vehicle during the procession. He was searched by the police and…Read More

23Jan2018

Ex-lover jailed for posting explicit video in revenge of breakup

In a recent District Court case (HKSAR v Wong Ngai Sang), a 23-year-old male was sentenced to 20 months’ imprisonment for posting secretly filmed sexual footage of himself and his ex-lover onto the internet. The defendant and the victim, Miss X, met at work and…Read More

26Oct2017

Is a genuine belief that an underage victim is over 16 a defence to an indecent assault?

Update: On 9 May 2018, the Court of Final Appeal (“CFA”) overruled the decision of the appellate judge. Read our update posted on 24 May: Court of Final Appeal’s answers on the issue of establishing a defence to indecent assaults on underage victims In a recent magistracy appeal…Read More