HKSAR v. CHEN CHING KEUNG

HKSAR v. CHEN CHING KEUNG

The appeal was dismissed because the trial judge did not err in law or principle: the refusals to adjourn were reasonable given the speculative value of proposed tests and the availability of agreed summaries; the identification parade was properly conducted and untainted; discrepancies in descriptions and...

Source-derived case information.

Citation
HKSAR v. CHEN CHING KEUNG
Parties
Respondent: HKSAR; Appellant: CHEN CHING KEUNG
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
17 May 2000
Case Number
HCMA1197/1999
Procedural Posture
Criminal Magistracy Appeal to Court of First Instance / Judgment on Appeal (conviction and Sentence)
Outcome
Appeal dismissed as to conviction and sentence; convictions and sentences affirmed
Legal Topics
Indecent Assault, Assault Occasioning Actual Bodily Harm, Resisting a Police Officer, Identification Parade, Adjournment and Exceptional Circumstances, Dna/evidence Testing, Live Television Link/vulnerable Witness Procedure, Chain of Pursuit and Identification, Automatism and Voluntariness, Previous Convictions and Aggravation, Totality Principle in Sentencing, Direction on Lies
Source Language
en
Criminal Law Evidence Procedure Sentencing Indecent Assault Assault Occasioning Actual Bodily Harm Resisting a Police Officer Identification Parade +8 more

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Parties

HKSAR

Respondent

CHEN CHING KEUNG

Appellant

Procedural Posture

Criminal Magistracy Appeal to Court of First Instance / Judgment on Appeal (conviction and Sentence)

Legal Issues

  1. 1 Whether trial judge erred in refusing adjournments for DNA testing and full translation of interview transcript
  2. 2 Whether identification parade was tainted by presence of victim's father and whether identification was reliable
  3. 3 Whether discrepancies in witness descriptions undermined identification

Ratio Decidendi

The appeal was dismissed because the trial judge did not err in law or principle: the refusals to adjourn were reasonable given the speculative value of proposed tests and the availability of agreed summaries; the identification parade was properly conducted and untainted; discrepancies in descriptions and interruptions in the chase were matters for the trier of fact and did not undermine identity; automatism and lack of intent to resist were rejected on the facts; and the sentences, including consecutive terms and the use of the prior conviction as aggravating, were neither procedurally flawed nor manifestly excessive.

Court Disposition

Appeal dismissed as to conviction and sentence; convictions and sentences affirmed

Orders

  • Appellant's appeal against conviction dismissed
  • Appellant's appeal against sentence dismissed