HKSAR v. LEE CHI MING

HKSAR v. LEE CHI MING

The appeal was allowed and the conviction quashed because the complainant's explicit admission that she had failed to tell the truth to improve her prospects of compensation created a material credibility issue that rendered the conviction unsafe, and the court could not regard the conviction as safe, satisfactory...

Source-derived case information.

Citation
HKSAR v. LEE CHI MING
Parties
Appellant: Appellant; Respondent (prosecution): Respondent (Department of Justice); Complainant/witness: Ms Buyoccan
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
13 July 2007
Case Number
HCMA18/2007
Procedural Posture
Criminal Appeal / Appeal Against Conviction and Sentence to Court of First Instance; Judgment Given
Outcome
Appeal allowed; conviction quashed.
Legal Topics
Grievous Bodily Harm, Appeal Against Conviction, Witness Credibility, Unsafe Conviction
Source Language
en
Criminal Law Offences Against the Person Grievous Bodily Harm Appeal Against Conviction Witness Credibility Unsafe Conviction

Source-derived case record

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Parties

Appellant

Appellant

Respondent (Department of Justice)

Respondent (prosecution)

Ms Buyoccan

Complainant/witness

Procedural Posture

Criminal Appeal / Appeal Against Conviction and Sentence to Court of First Instance; Judgment Given

Legal Issues

  1. 1 Whether the complainant's admission of a motive to fabricate evidence rendered the conviction unsafe
  2. 2 Whether the appellate court should overturn a trial court's credibility finding where an admission undermines safety of conviction
  3. 3 Whether there was sufficient reliable evidence to support the conviction despite the admission

Ratio Decidendi

The appeal was allowed and the conviction quashed because the complainant's explicit admission that she had failed to tell the truth to improve her prospects of compensation created a material credibility issue that rendered the conviction unsafe, and the court could not regard the conviction as safe, satisfactory or fair.

Court Disposition

Appeal allowed; conviction quashed.

Orders

  • Allow the appeal
  • Quash the conviction