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Hong Kong decisions
Decisions matching the current search
The court varied an earlier probate order to allow Cellmark Forensic Services to conduct post-mortem DNA testing, appointing a Hong Kong agent to collect samples and making costs orders.
The Court of Appeal refused leave to appeal against conviction in a robbery and wounding with intent case, finding the forensic evidence and jury directions sufficient.
The court allowed a late expert affirmation on handwriting evidence in a probate dispute, but only with an adjournment and costs, because forgery allegations went to a central issue.
The Court of Appeal quashed Manan Abdul’s conviction for a fingerprint-direction misdirection, rejected good-character and interpreter complaints, and ordered a retrial.
The Court of Appeal dismissed a drug-trafficking appeal, holding that the judge did not misdirect the jury by treating the absence of fingerprint evidence as neutral.
The application for leave to appeal was refused because the trial judge gave correct and adequate directions on the voluntariness and exclusion of recorded interviews, on the fairness of the identification parade, and on the limited probative value of the hat and CCTV; the central disputes of credibility and identity were properly left to the jury, which was entitled to reject the confessions, accept the identification for count 4 and conclude by lawful comparison of CCTV that the offender in count 3 was the same person, and there was no arguable misdirection or legal error warranting leave.
Source excerpt
The court partly allowed defendants’ interlocutory applications for handwriting expert evidence and document removal, but refused ink-dating evidence and some other items.
The Court of First Instance refused an adjournment sought for further DNA testing and new counsel, but fixed arraignment and legal arguments for 22 April 2013.
The Court refused leave for handwriting expert evidence and inspection of originals in a mid-trial matrimonial dispute, finding no prima facie case of forgery and unacceptable delay.
The Court of Appeal refused certification to the Court of Final Appeal, holding the dispute over a single fingerprint was factual, not a new point of law.
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