HKSAR v. KAN KWOK HUNG AND ANOTHER

HKSAR v. KAN KWOK HUNG AND ANOTHER

The appellate court upheld the magistrate's careful credibility findings: PW9 was independent and his evidence corroborated material parts of police testimony; there was no evidence of collusion or bias sufficient to undermine PW9; the police arrests were lawful in the circumstances and reasonable force was used to...

Source-derived case information.

Citation
HKSAR v. KAN KWOK HUNG AND ANOTHER
Parties
Respondent: HKSAR; 1st Appellant: Kan Kwok Hung; 2nd Appellant: Kan Kwok Shing
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
23 October 2000
Case Number
HCMA746/2000
Procedural Posture
Magistracy Appeal (court of First Instance Appellate Jurisdiction) / Hearing and Judgment on Appeal Against Conviction
Outcome
Appeal dismissed; convictions and sentences upheld
Legal Topics
Assault Occasioning Actual Bodily Harm, Obstruction and Resisting Police, Criminal Damage, Lawfulness of Arrest, Use of Reasonable Force, Witness Credibility and Collusion, Appellate Standard of Review (lurking Doubt)
Source Language
en
Criminal Law Police Conduct Evidence Administrative Law (appeals) Assault Occasioning Actual Bodily Harm Obstruction and Resisting Police Criminal Damage Lawfulness of Arrest +3 more

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 2 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

HKSAR

Respondent

Kan Kwok Hung

1st Appellant

Kan Kwok Shing

2nd Appellant

Procedural Posture

Magistracy Appeal (court of First Instance Appellate Jurisdiction) / Hearing and Judgment on Appeal Against Conviction

Legal Issues

  1. 1 Whether the convictions were unsafe or unsatisfactory
  2. 2 Whether the trial magistrate erred in assessing credibility of witnesses (particularly PW9)
  3. 3 Whether the arrests were lawful

Ratio Decidendi

The appellate court upheld the magistrate's careful credibility findings: PW9 was independent and his evidence corroborated material parts of police testimony; there was no evidence of collusion or bias sufficient to undermine PW9; the police arrests were lawful in the circumstances and reasonable force was used to effect them; absent irrationality or lack of evidence the magistrate's conclusions on credibility and guilt must stand; no lurking doubt existed, so convictions were safe and the appeal was dismissed.

Court Disposition

Appeal dismissed; convictions and sentences upheld

Orders

  • Appeal dismissed
  • Convictions of both appellants upheld