香港特別行政區 訴 黎錦生

香港特別行政區 訴 黎錦生

The trial judge properly found the police witnesses credible and the appellant's voluntary on‑scene oral admission that he kept the bats and metal tube 'on his person' for use when carrying cash established the requisite intent to use the items as offensive weapons; possession could not be excused by self‑defence...

Source-derived case information.

Citation
[2023] HKCFI 2550
Parties
Respondent / Prosecution: 香港特別行政區; Appellant / Accused: 黎錦生
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
10 October 2023
Case Number
HCMA284/2022
Procedural Posture
Conviction Appeal (criminal) / Hearing on Appeal in High Court (conviction Appeal)
Outcome
Appeal dismissed; conviction and sentence upheld.
Legal Topics
Offensive Weapon Possession, Oral Confession/admission, Credibility of Police Evidence, Reasonable Excuse / Self‑defence, Standard of Proof
Source Language
ch
Criminal Law Evidence Police Procedure Sentencing Offensive Weapon Possession Oral Confession/admission Credibility of Police Evidence Reasonable Excuse / Self‑defence +1 more

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Parties

香港特別行政區

Respondent / Prosecution

黎錦生

Appellant / Accused

Procedural Posture

Conviction Appeal (criminal) / Hearing on Appeal in High Court (conviction Appeal)

Legal Issues

  1. 1 Whether the trial judge erred in finding the arresting officer honest and reliable
  2. 2 Whether unverified/oral confession could lawfully support conviction
  3. 3 Whether the possessed items constituted offensive weapons given the appellant's statements

Ratio Decidendi

The trial judge properly found the police witnesses credible and the appellant's voluntary on‑scene oral admission that he kept the bats and metal tube 'on his person' for use when carrying cash established the requisite intent to use the items as offensive weapons; possession could not be excused by self‑defence absent an immediate and particular threat, so the conviction was upheld.

Court Disposition

Appeal dismissed; conviction and sentence upheld.

Orders

  • Appeal dismissed
  • Appellant to be immediately imprisoned to serve the sentence of 11 weeks' imprisonment