香港特別行政區 訴 陳志明

香港特別行政區 訴 陳志明

Leave to appeal was granted on ground #3 because, despite the trial judge's acceptance of PW1 and PW2, the appellate court found that the evidence did not exclude a reasonable doubt as to whether the person who presented the ID and withdrew the funds was the applicant; the trial judge had not established that the...

Source-derived case information.

Citation
[2025] HKCA 1146
Parties
Respondent: 香港特別行政區; Applicant: 陳志明
Court
Court of Appeal
Jurisdiction
Hong Kong
Judgment Date
19 December 2025
Case Number
CACC115/2024
Procedural Posture
Criminal Appeal Against Conviction (application for Leave) / Leave to Appeal Granted (limited to Ground #3); Bail Pending Appeal Granted
Outcome
Leave to appeal against conviction granted limited to appeal ground #3; leave refused as to grounds #1 and #2; bail pending appeal granted
Legal Topics
Identification Evidence, Witness Credibility, Circumstantial Evidence, Leave to Appeal, Recognition Procedure
Source Language
ch
Criminal Law Anti Money Laundering Evidence Identification Evidence Witness Credibility Circumstantial Evidence Leave to Appeal Recognition Procedure

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Downloadable case file Legal principles 3 Authorities cited 3 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

香港特別行政區

Respondent

陳志明

Applicant

Procedural Posture

Criminal Appeal Against Conviction (application for Leave) / Leave to Appeal Granted (limited to Ground #3); Bail Pending Appeal Granted

  1. 1 Whether the prosecution proved beyond reasonable doubt that the applicant was the person who withdrew the disputed funds
  2. 2 Whether the trial judge erred in accepting PW1 and PW2 evidence on identification
  3. 3 Whether the only reasonable inference from the evidence is that the applicant was the withdrawer

Ratio Decidendi

Leave to appeal was granted on ground #3 because, despite the trial judge's acceptance of PW1 and PW2, the appellate court found that the evidence did not exclude a reasonable doubt as to whether the person who presented the ID and withdrew the funds was the applicant; the trial judge had not established that the applicant was the only reasonable inference as the withdrawer.

Court Disposition

Leave to appeal against conviction granted limited to appeal ground #3; leave refused as to grounds #1 and #2; bail pending appeal granted

Orders

  • Grant leave to appeal on ground #3 only
  • Applicant permitted to amend his perfected grounds of appeal within 14 days of receipt of this judgment