Criminal Litigation

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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 [email protected]]

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.

凝聚香港 – 腐乳有惡菌,港產點樣分? (youtube.com)

律師梁永鏗對”香港製造”的看法如下:
梁永鏗律師指出,”香港製造”與”來源地”的標準比”香港出產”更為嚴謹。
他解釋說,本地生產和加工都可以歸類為”香港出產”。
梁律師還表示,加工也可以被視為”親自監製”。
關於產品標籤,梁永鏗律師提醒,如果商店職員在推銷過程中將影射貨品當作正貨推銷,可能會觸犯《商品說明條例》中的虛假商品說明。
在討論”香港製造”的標準時,需要考慮相關法規。例如,工業貿易署針對出口品的”產地來源規則”對某些產品有具體要求。以腐乳為例,需要經過”碾磨、發酵、混和及塑形”四大製造工序,才符合”產地來源”標準。
梁永鏗律師的觀點暗示,”香港製造”的標準可能比單純的”香港出產”更加嚴格,需要更多的本地生產或加工步驟。
總的來說,梁永鏗律師的觀點強調了”香港製造”標籤的重要性和法律含義,同時也指出了”香港出產”這一概念的相對靈活性。在使用這些標籤時,企業需要謹慎,以確保符合相關法律規定。
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