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Criminal Litigation

《刑事律師》(Criminal Lawyers) Attend Police / ICAC / Immigration / Custom & Excise / Security and Future Commission Attend Court of Final Appeal, Court of Appeal, Court of First Instance, District Court, Magistrate, Tribunals Advice and assist in Plea Bargaining Advice and assist in Statement Taking Conduct Pre-trial hearing and Mitigation for clients Escort wanted clients from outside boarder into Hong Kong
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Criminal Litigation

《刑事律師》(Criminal Lawyers)

  • Attend Police / ICAC / Immigration / Custom & Excise / Security and Future Commission
  • Attend Court of Final Appeal, Court of Appeal, Court of First Instance, District Court, Magistrate, Tribunals
  • Advice and assist in Plea Bargaining
  • Advice and assist in Statement Taking
  • Conduct Pre-trial hearing and Mitigation for clients
  • Escort wanted clients from outside boarder into Hong Kong

1. Kindergarten principal, parent cleared in bribery scandal

A Hong Kong kindergarten principal accused of accepting designer clothes and expensive accessories from a mother has been found not guilty by a magistrates’ court.

The mother was also cleared, according to Apple Daily.

The judge ruled that Victoria (Harbour Green) Kindergarten allows its principal to receive gifts although the policy is rare and unreasonable.

In addition, there was no evidence Gabriel Li, the school principal, intended to take a bribe or that the mother offered the gifts to build up their relationship, the judge said.

All seven counts against the defendants were dismissed but the judge said their acts “were suspicious”.

Li was accused of accepting the gifts from the 39-year-old mother, surnamed Wong, between 2011 and 2013.

These included a Moiselle jacket and a Bally scarf worth HK$6,600 (US$851), prosecutors said.

They said Li also asked the school’s staff to hold a birthday party for Wong’s two-year-old son and give him special treatment such as changing his shirts and helping him drink his medicine.

Wong was charged with bribing three teachers with Bally and Salvatore Ferragamo purses worth HK$2,000 each.

– [the above text is from english@hkej.com]

The said Kindergarten Principal was represented by solicitor-in-charge Mr Vitus LEUNG Wing Hang and Mr Wong Man-kit SC.

2. FINAL APPEAL NO. 10 OF 2006 (CRIMINAL)

Appellant: CHIU WING NAM, DICK

On 23 September 2003 the appellant, Chiu Wing nam, Dick was convicted after trial before Gall J and a jury in the Court of First Instance, by a majority of 6 to 1, of trafficking in a dangerous drug and sentenced to imprisonment of 12 years and six months.

Chiu had been arrested on a staircase in a building in Yuen Long and was found to be carrying 705.90 grammes of a mixture containing 295.42 grammes of heroin hydrochloride some of which was in a shoulder bag and some concealed in his underpants. He maintained to the police, and at trial, that he thought that he was carrying counterfeit mobile telephone batteries which he had agreed to bring into Hong Kong from Shenzhen for a reward of $1,000 dollars. At trial he further maintained that he was schizophrenic and that, at the time when he had agreed to carry the batteries, he had not taken his medication and was suffering from hallucinations.  Medical evidence called by the prosecution was that it was unlikely that this would have been so.

The respondent conceded that the summing-up was, prior to the decision in Hung’s case, a “standard direction” which placed the burden of proof on a balance of probabilities on the appellant.  Given the uncertainty that must exist as to the extent to which the jury’s decision was affected by that direction he felt unable to submit that this was an appropriate case for the application of the proviso. The appellant did, in the circumstances, suffer a substantial and grave injustice.  The appeal must be allowed and the conviction quashed. 

The Appellant was represented by solicitor-in-charge Mr Vitus LEUNG Wing Hang and Mr Mr Andrew Bruce SC.