HKSAR v. KWOK KIN MING

HKSAR v. KWOK KIN MING

The court found no impropriety or unfairness in the police officer remaining in court, the admissions were properly admitted after the voir dire and supported the prosecution case, the telephone evidence was consistent with the admissions, the applicant's allegations of record alteration and planting of evidence were known to the jury and did not render the conviction unsafe, and the trial judge's summing-up was fair; therefore the application for leave to appeal against conviction was refused.

Citation
HKSAR v. KWOK KIN MING
Parties
3rd Defendant / Appellant: Kin Ming; Co Defendant (1st Defendant): 1st defendant; Co Defendant (2nd Defendant): 2nd defendant; Prosecutor / Respondent: Department of Justice
Court
Court of Appeal
Jurisdiction
Hong Kong
Judgment Date
30 January 2013
Case Number
CACC115/2012
Procedural Posture
Criminal Appeal Against Conviction / Application for Leave to Appeal; Refused
Outcome
Application for leave to appeal against conviction refused
Legal Topics
Robbery, Conspiracy, Admissibility of Confessions, Voir Dire, Police Conduct, Summing Up to Jury
Source Language
EN
Criminal Law Evidence Procedure Robbery Conspiracy Admissibility of Confessions Voir Dire Police Conduct +1 more

Case Brief

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Parties

Kin Ming

3rd Defendant / Appellant

1st defendant

Co Defendant (1st Defendant)

2nd defendant

Co Defendant (2nd Defendant)

Department of Justice

Prosecutor / Respondent

Procedural Posture

Criminal Appeal Against Conviction / Application for Leave to Appeal; Refused

Legal Issues

  1. 1 Whether admissions/confessions made by the applicant were admissible and voluntary
  2. 2 Whether presence of a police officer assisting the prosecutor in court after giving evidence caused unfairness
  3. 3 Whether evidence about use of a telephone number and identity information was misleading to the jury

Ratio Decidendi

The court found no impropriety or unfairness in the police officer remaining in court, the admissions were properly admitted after the voir dire and supported the prosecution case, the telephone evidence was consistent with the admissions, the applicant's allegations of record alteration and planting of evidence were known to the jury and did not render the conviction unsafe, and the trial judge's summing-up was fair; therefore the application for leave to appeal against conviction was refused.

Court Disposition

Application for leave to appeal against conviction refused

Orders

  • Leave to appeal against convictions refused