THE QUEEN v. FAN KONG

THE QUEEN v. FAN KONG

The magistrate expressly accepted the police account and rejected the appellant's defence; the CAPO inquiry and independent witness evidence supported the police version; there was no basis to overturn the magistrate's factual findings or convictions, so the appeal is dismissed.

Citation
THE QUEEN v. FAN KONG
Parties
Appellant/defendant: FAN Kong; Respondent/prosecution: The Queen
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
13 January 1987
Case Number
HCMA1153/1986
Procedural Posture
Criminal / Appeal to Supreme Court From Magistrate
Outcome
Appeal dismissed; convictions for loitering and resisting arrest upheld.
Legal Topics
Credibility Assessment, Standard of Review on Appeal, CAPO Investigation, Evidence Evaluation
Source Language
EN
Loitering Resisting Arrest Police Powers Police Misconduct Criminal Appeals Credibility Assessment Standard of Review on Appeal CAPO Investigation +1 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Party arguments 2
Sign in to unlock

Parties

FAN Kong

Appellant/defendant

The Queen

Respondent/prosecution

Procedural Posture

Criminal / Appeal to Supreme Court From Magistrate

Legal Issues

  1. 1 Whether the convictions for loitering and resisting arrest were safe
  2. 2 Whether the defendant was framed by police or assaulted during arrest
  3. 3 Whether the magistrate's findings of fact were justified and should be disturbed on appeal

Ratio Decidendi

The magistrate expressly accepted the police account and rejected the appellant's defence; the CAPO inquiry and independent witness evidence supported the police version; there was no basis to overturn the magistrate's factual findings or convictions, so the appeal is dismissed.

Court Disposition

Appeal dismissed; convictions for loitering and resisting arrest upheld.

Orders

  • Appeal dismissed
  • Convictions for loitering and resisting arrest upheld