THE QUEEN v. CHAN KING CHI AND OTHERS

THE QUEEN v. CHAN KING CHI AND OTHERS

Applications for severance were dismissed because, on the evidence and given a judge-only trial, no real prejudice would arise from joint trial provided great care is exercised; the court found beyond reasonable doubt that the prosecution had proved a single continuing conspiracy to traffic heroin into H.M. Prison, Stanley, and accepted that, despite many witnesses being accomplices or of bad character, their testimony (except specified hostile witnesses) was sufficiently reliable to support conviction when scrutinised and considered in context.

Citation
THE QUEEN v. CHAN KING CHI AND OTHERS
Parties
Prosecution: The Queen; Accused: CHAN King-chi; Accused: 42 Others
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
29 September 1975
Case Number
DCCC335/1974
Procedural Posture
Criminal Conspiracy, Drug Offences and Related Prison Offences / Trial (applications for Severance Ruled; Reasons for Verdicts Delivered)
Outcome
Applications for severance dismissed; matter to proceed on all counts jointly before the judge; reasons for verdicts delivered finding a single continuing conspiracy and that accomplice evidence (except specified hostile witness) was acceptable to convict.
Legal Topics
Severance of Counts, Admissibility of Evidence, Accomplice Corroboration, Judicial Directions on Conspiracy, Police Misconduct and Coaching, Dangerous Drugs Ordinance S39, Prisons Ordinance S18
Source Language
EN
Criminal Law Conspiracy Law Drugs Law Prisons Law Evidence Law Severance of Counts Admissibility of Evidence Accomplice Corroboration +4 more

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Parties

The Queen

Prosecution

CHAN King-chi

Accused

42 Others

Accused

Procedural Posture

Criminal Conspiracy, Drug Offences and Related Prison Offences / Trial (applications for Severance Ruled; Reasons for Verdicts Delivered)

Legal Issues

  1. 1 Whether conspiracy counts should be tried separately from substantive counts (severance)
  2. 2 Whether evidence as to incidence of heroin in prison was admissible and sufficient
  3. 3 Whether the prosecution proved a single continuing conspiracy covering the charged period

Ratio Decidendi

Applications for severance were dismissed because, on the evidence and given a judge-only trial, no real prejudice would arise from joint trial provided great care is exercised; the court found beyond reasonable doubt that the prosecution had proved a single continuing conspiracy to traffic heroin into H.M. Prison, Stanley, and accepted that, despite many witnesses being accomplices or of bad character, their testimony (except specified hostile witnesses) was sufficiently reliable to support conviction when scrutinised and considered in context.

Court Disposition

Applications for severance dismissed; matter to proceed on all counts jointly before the judge; reasons for verdicts delivered finding a single continuing conspiracy and that accomplice evidence (except specified hostile witness) was acceptable to convict.

Orders

  • Application for severance refused; case to proceed to joint trial on all counts
  • Prison record books (Exhibit P.9) admitted under section 65C Criminal Procedure Ordinance by formal admission of contents