❓ What are the most common grounds for a criminal appeal?

The most frequent reasons for appealing a criminal conviction in Hong Kong include:

• Error of law or legal principle – e.g., the judge applied the wrong law.
• Improper admission or exclusion of evidence – critical evidence wrongly admitted or excluded.
• Insufficient evidence – the prosecution failed to prove guilt beyond a reasonable doubt.
• Ineffective assistance of counsel – your lawyer failed to represent you effectively.
• Prosecutorial misconduct – unfair actions by the prosecution.
• Jury misconduct – jurors acted improperly or were misdirected.
• Judicial abuse of discretion – for example, a judge misdirecting the jury on the law.

❓ How difficult is it to win a criminal appeal?

Winning a criminal appeal is challenging. You must prove that the trial court made a serious legal mistake that affected the outcome of your case.

The appeal court does not retry your case or hear new evidence (except in rare circumstances). Instead, it reviews whether the trial was conducted fairly and in accordance with the law.

❓ Which courts hear criminal appeals in Hong Kong?

Criminal appeals are handled by different levels of court, depending on the original case:

• High Court (Court of First Instance) – hears appeals from the Magistrates’ Courts.
• Court of Appeal – hears appeals from the District Court and High Court.
• Court of Final Appeal – the highest court in Hong Kong, hearing appeals on points of great legal importance.

❓ Does your law firm handle criminal appeals?

Yes. At Yip, Tse & Tang (YTT), we have extensive experience representing clients in appeals to the High Court, the Court of Appeal, and even the Court of Final Appeal. Our lawyers prepare detailed legal arguments, identify appealable errors, and fight for justice at every level of the court system.

✅ Key Takeaway

Appealing a criminal conviction in Hong Kong is a complex and highly technical process. The most common grounds include errors of law, insufficient evidence, or misconduct during trial.

Because appeals are difficult to win, it is essential to work with an experienced criminal appeal lawyer who understands the grounds, procedures, and strategies required to maximise your chances of success.