香港特別行政區 對 陳偉明

香港特別行政區 對 陳偉明

The renewed application for leave was dismissed because the recognition parade and in‑court identifications were properly conducted and reliable, the trial judge's credibility findings were open on the evidence, and there was sufficient evidence that the applicant claimed to be a member of 14K to require him to...

Source-derived case information.

Citation
[2021] HKCA 402
Parties
Respondent: 香港特別行政區; Applicant: 陳偉明
Court
Court of Appeal
Jurisdiction
Hong Kong
Judgment Date
30 March 2021
Case Number
CACC122/2019
Procedural Posture
Criminal — Renewed Application for Leave to Appeal Against Conviction / Appellate Leave Application Hearing and Decision (renewed Application Dismissed)
Outcome
Renewed application for leave to appeal against conviction dismissed
Legal Topics
Identification Evidence, Fairness of Recognition Parade, Triad Membership Offence, No‑case‑to‑answer, Leave to Appeal
Source Language
ch
Criminal Law Evidence Appellate Procedure Organised Crime Identification Evidence Fairness of Recognition Parade Triad Membership Offence No‑case‑to‑answer +1 more

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Parties

香港特別行政區

Respondent

陳偉明

Applicant

Procedural Posture

Criminal — Renewed Application for Leave to Appeal Against Conviction / Appellate Leave Application Hearing and Decision (renewed Application Dismissed)

  1. 1 Whether the identification (recognition parade and in‑court ID) was unfair and inadmissible
  2. 2 Whether there was sufficient evidence to require the applicant to answer the charge of claiming to be a triad member
  3. 3 Whether the trial judge erred in credibility findings and should have directed no case to answer

Ratio Decidendi

The renewed application for leave was dismissed because the recognition parade and in‑court identifications were properly conducted and reliable, the trial judge's credibility findings were open on the evidence, and there was sufficient evidence that the applicant claimed to be a member of 14K to require him to answer the charge.

Court Disposition

Renewed application for leave to appeal against conviction dismissed

Orders

  • Application for renewed leave to appeal against conviction is dismissed