Criminal appeal courts

This chapter examines Hong Kong’s criminal appeal courts and how final decisions of trial courts can be challenged. As a generalization defendants can appeal conviction and/or sentence, but the prosecution cannot appeal an acquittal. Where, however, a defendant is acquitted in the District Court (DC) or in the Magistrates’ Court (MC), the prosecution can challenge the legal correctness of that acquittal by case stated. The decision of the lower court is brought up to, and examined by, a higher court. If the acquittal is on an error of law as opposed to factual merits, the acquittal may be overturned. An acquittal by a jury cannot however be challenged: jury verdicts are sacrosanct.