HKSAR v. SIU PING FUK AND ANOTHER

HKSAR v. SIU PING FUK AND ANOTHER

On the depositions before the magistrate the only evidence against the 2nd accused was his own interview which repeatedly asserted lack of any intention to commit murder and explained conduct as a scheme to cheat for money; there was no independent evidence of agreement or any overt act inconsistent with innocence...

Source-derived case information.

Citation
HKSAR v. SIU PING FUK AND ANOTHER
Parties
Plaintiff: HKSAR; 1st Accused: SIU PING FUK; 2nd Accused: NG CHI HUNG
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
1 December 1999
Case Number
HCCC264/1999
Procedural Posture
Criminal Conspiracy to Murder / S.16 Committal Hearing; Application for Discharge (pre Trial)
Outcome
2nd Accused (Ng Chi Hung) discharged; not to be arraigned on the charge
Legal Topics
Conspiracy to Murder, Prima Facie Evidence, Mens Rea, Section 16 Criminal Procedure Ordinance, Admissions and Police Interview, Inference and Burden of Proof
Source Language
en
Criminal Law Conspiracy to Murder Prima Facie Evidence Mens Rea Section 16 Criminal Procedure Ordinance Admissions and Police Interview Inference and Burden of Proof

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Parties

HKSAR

Plaintiff

SIU PING FUK

1st Accused

NG CHI HUNG

2nd Accused

Procedural Posture

Criminal Conspiracy to Murder / S.16 Committal Hearing; Application for Discharge (pre Trial)

Legal Issues

  1. 1 Whether the depositions disclose a prima facie case of conspiracy to murder against the 2nd accused
  2. 2 Whether the 2nd accused's statements to police establish the necessary mens rea (intention to be a party to the agreement)
  3. 3 Whether the admissions in a single interview can be treated as establishing agreement in the absence of independent evidence

Ratio Decidendi

On the depositions before the magistrate the only evidence against the 2nd accused was his own interview which repeatedly asserted lack of any intention to commit murder and explained conduct as a scheme to cheat for money; there was no independent evidence of agreement or any overt act inconsistent with innocence and the prosecution could not point to facts that excluded an innocent hypothesis; therefore there was insufficient evidence to establish a prima facie case of conspiracy to murder and the accused must be discharged under s.16(3) CPO.

Court Disposition

2nd Accused (Ng Chi Hung) discharged; not to be arraigned on the charge

Orders

  • Under s.16(3) Criminal Procedure Ordinance the Accused (Ng Chi Hung) is discharged and shall not be arraigned on the indictment