THE QUEEN v. LEUNG SAU HING AND ANOTHER

THE QUEEN v. LEUNG SAU HING AND ANOTHER

The conviction was quashed because the prosecution failed to prove beyond reasonable doubt that the serving occurred after 2 a.m.; the witnesses did not give evidence of watch or clock readings and their bare assertions as to time were insufficient to establish the crucial time element.

Citation
THE QUEEN v. LEUNG SAU HING AND ANOTHER
Parties
Respondent: THE QUEEN; 1st Appellant: LEUNG SAU HING; 2nd Appellant: CHAN PUI KAN
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
13 June 1991
Case Number
HCMA232/1991
Procedural Posture
Magistracy Criminal Appeal / Appeal Against Conviction
Outcome
Appeal allowed; conviction quashed.
Legal Topics
Proof of Time, Sufficiency of Evidence, Hearsay Rule, Liquor Licence Condition
Source Language
EN
Criminal Law Evidence Regulatory Offences Licensing Law Proof of Time Sufficiency of Evidence Hearsay Rule Liquor Licence Condition

Case Brief

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Parties

THE QUEEN

Respondent

LEUNG SAU HING

1st Appellant

CHAN PUI KAN

2nd Appellant

Procedural Posture

Magistracy Criminal Appeal / Appeal Against Conviction

Legal Issues

  1. 1 Whether the prosecution proved the time of serving liquor beyond reasonable doubt
  2. 2 Whether witness testimony without specific reference to a timepiece is sufficient to prove time
  3. 3 Whether the conviction is unsafe for want of proof of an essential element (time)

Ratio Decidendi

The conviction was quashed because the prosecution failed to prove beyond reasonable doubt that the serving occurred after 2 a.m.; the witnesses did not give evidence of watch or clock readings and their bare assertions as to time were insufficient to establish the crucial time element.

Court Disposition

Appeal allowed; conviction quashed.

Orders

  • Conviction quashed