THE QUEEN v. HUI DIK LUN AND OTHERS

THE QUEEN v. HUI DIK LUN AND OTHERS

The magistrate's warning that fabricated testimony would be 'reflected in costs' was improper and prejudicial, and because the Crown did not seek to uphold the convictions the appellate court allowed the appeal and quashed the convictions.

Source-derived case information.

Citation
THE QUEEN v. HUI DIK LUN AND OTHERS
Parties
Respondent: The Queen; 1st Appellant: Hui Dik Lun; 2nd Appellant: Liu Kai Choi; 3rd Appellant: Ko Chun Yuen; 4th Appellant: Cheung Yee Kwai
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
28 April 1989
Case Number
HCMA1797/1988
Procedural Posture
Criminal Appeal (magistracy) / Appellate Judgment (appeal Heard and Determined)
Outcome
Appeal allowed; convictions quashed.
Legal Topics
Common Assault, Improper Judicial Comment, Prejudice to Fair Trial, Threat of Costs Deterring Testimony
Source Language
en
Criminal Law Evidence Judicial Conduct Costs Common Assault Improper Judicial Comment Prejudice to Fair Trial Threat of Costs Deterring Testimony

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Parties

The Queen

Respondent

Hui Dik Lun

1st Appellant

Liu Kai Choi

2nd Appellant

Ko Chun Yuen

3rd Appellant

Cheung Yee Kwai

4th Appellant

Procedural Posture

Criminal Appeal (magistracy) / Appellate Judgment (appeal Heard and Determined)

Legal Issues

  1. 1 Whether the magistrate's comments threatening to reflect fabrication in costs were improper and prejudicial
  2. 2 Whether those comments deterred other defendants from giving evidence
  3. 3 Whether the convictions are unsafe and should be quashed

Ratio Decidendi

The magistrate's warning that fabricated testimony would be 'reflected in costs' was improper and prejudicial, and because the Crown did not seek to uphold the convictions the appellate court allowed the appeal and quashed the convictions.

Court Disposition

Appeal allowed; convictions quashed.

Orders

  • Appeal allowed
  • Convictions quashed