HKSAR v. PUI KAM FAI AND ANOTHER

HKSAR v. PUI KAM FAI AND ANOTHER

Convictions were upheld because the undercover officer made contemporaneous notes naming the suspects, the names matched the persons identified at parade, the magistrate considered the relevant identification factors (albeit not in verbatim Turnbull formula) and found no material inconsistency, and there was no unfairness from lack of representation where no timely steps for counsel had been taken.

Citation
HKSAR v. PUI KAM FAI AND ANOTHER
Parties
Respondent: HKSAR; 1st Appellant: Pui Kam Fai; 3rd Appellant: Leong Tin Choek
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
15 March 2005
Case Number
HCMA1079/2004
Procedural Posture
Magistracy Appeal (criminal) / Judgment on Appeal
Outcome
Both appeals dismissed; convictions and orders of the Magistrate confirmed.
Legal Topics
Identification Parade, Turnbull Directions, Triad Society Membership, Delay in Identification, Right to Representation
Source Language
EN
Criminal Law Evidence Organised Crime Procedure Identification Parade Turnbull Directions Triad Society Membership Delay in Identification +1 more

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Parties

HKSAR

Respondent

Pui Kam Fai

1st Appellant

Leong Tin Choek

3rd Appellant

Procedural Posture

Magistracy Appeal (criminal) / Judgment on Appeal

Legal Issues

  1. 1 Whether identification was reliable after a 17-month delay
  2. 2 Whether the magistrate failed to give a Turnbull warning
  3. 3 Whether inconsistencies in witness evidence vitiated conviction

Ratio Decidendi

Convictions were upheld because the undercover officer made contemporaneous notes naming the suspects, the names matched the persons identified at parade, the magistrate considered the relevant identification factors (albeit not in verbatim Turnbull formula) and found no material inconsistency, and there was no unfairness from lack of representation where no timely steps for counsel had been taken.

Court Disposition

Both appeals dismissed; convictions and orders of the Magistrate confirmed.

Orders

  • Appeals dismissed
  • Orders of the Magistrate confirmed