HKSAR V. LO KIN SUN (盧建新)

[2021] HKCFA 1 Court of Final Appeal 12 January 2021 • FACC2/2020 • 14 min read

8 cases cited (0 HK, 8 foreign)

Judges (5)

Cheung Coram Fok Coram Lord Neuberger of Abbotsbury Coram Ma Coram Ribeiro Coram

Counsel (5)

Department of Justice Firm ONC Lawyers Firm Carter Chim Counsel Appellant Derek Lau Counsel Respondent Eric TM Cheung Counsel Appellant

Parties (2)

HKSAR Respondent Lo Kin Sun Appellant

Summary

Lo Kin Sun appealed his conviction for common assault, contending that the magistrate erred in failing to leave the defence of self-defence to herself. The Court of Final Appeal considered the proper approach when self-defence arises on the evidence even though not specifically raised by the defence. The appeal was allowed and the conviction was quashed.

Statutes Cited

Offences Against the Person Ordinance

s 40

Cases Cited (8)

HK (8)

(1999) 2 HKCFAR 539 (2007) 10 HKCFAR 148 (2010) 13 HKCFAR 123 [2012] 1 HKLRD 1041 [2012] 2 HKLRD 437 [2016] 3 HKLRD 273 [2019] HKCFI 1108 [2020] HKCFA 20

Citation influence

HKLII records this judgment as cited by 2 later judgments. This counts every later Hong Kong judgment that references this case, which is broader than the resolved citations listed above.

[2023] HKCFI 1756 Court of First Instance

7 July 2023

[2022] HKCFI 2494 原訟法庭

24 August 2022