Hong Kong Case Law

香港特別行政區 訴 郭健明

Court

Court of Appeal

Case number

CACC276/2018

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

• Robbery
• Attempted robbery
• Cautioned interview/confession admissibility
• Identification parade
• Cctv evidence
• Dna evidence

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HKSAR v. MAK CHEUK KIT

Court

Court of Appeal

Case number

CACC305/2018

The Court of Appeal granted leave to appeal in a drug trafficking conviction, finding it reasonably arguable that the trial judge made errors in identifying the fleeing man and inferring knowledge and trafficking from the evidence.

• Trafficking in dangerous drugs
• Possession
• Circumstantial evidence
• Flight as evidence
• Dna evidence
• Use of personal documents as identification

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HKSAR v. SAE JAO MONCHAI

Court

Court of First Instance

Case number

HCMA183/2017

Hong Kong magistracy appeal on identification evidence in a drug-trafficking conviction. The High Court upheld the magistrate’s ruling on the parade and dock identification.

• Identification parade
• Dock identification
• Turnbull guidelines
• Visual identification reliability
• Trafficking in dangerous drug
• Identification-parade

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HKSAR v. LEPCHA DANIEL GYAMTSHO

Court

Court of First Instance

Case number

HCMA975/2006

刑事上訴中，法院認為原審裁判官可從PW3與警員證供推論上訴人是襲擊者之一，故定罪並非不安全， appeal dismissed.

• Assault occasioning actual bodily harm
• Identification of accused
• No case to answer (galbraith)
• Turnbull identification guidelines
• Safety of conviction
• Appellate standard of review

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HKSAR v. YAN PANYUE

Court

Court of Appeal

Case number

CACC128/2005

The Court of Appeal allowed the Secretary for Justice’s appeal, quashed the discharge, and ordered a murder retrial after finding prima facie identification evidence.

• Discharge under s16 criminal procedure ordinance
• Prima facie case
• Identification evidence and turnbull directions
• Committal and preliminary proceedings
• Appeal under s81e
• Prima-facie-case

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HKSAR v. CHOI MAN KIN

Court

Court of Appeal

Case number

CACC644/2002

Court of Appeal dismissed a robbery conviction challenge, holding the taxi driver’s identification evidence was reliable and the trial judge correctly applied Turnbull.

• Identification parade
• Turnbull directions
• Safety of conviction
• Admissibility of identification evidence
• Identification-evidence
• Turnbull-directions

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HKSAR v. CHIU KEUNG

Court

Court of Appeal

Case number

CACC397/1998

Court of Appeal allowed the robbery appeal, holding the identification evidence was weak, equivocal, and insufficiently supported under Turnbull.

• Robbery
• Identification evidence
• Turnbull guidelines
• Safe conviction standard
• Identification-evidence
• Criminal-appeal

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HKSAR v. WONG YIM TAI

Court

Court of First Instance

Case number

HCMA106/1999

Appeal against sentence dismissed: the High Court held the magistrate had properly considered the appellant’s circumstances and the 15-month concurrent sentences were not excessive.

• Illegal landing/remaining without authority
• Possession of forged identity card
• Concurrent sentencing
• Appeal against sentence
• Sentence-appeal
• Immigration-offences

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HKSAR v. YAN CHEUK HONG

Court

Court of First Instance

Case number

HCMA72/1998

The court dismissed a magistracy appeal against two convictions for assault occasioning actual bodily harm, holding that the identification evidence was safe under Turnbull.

• Assault occasioning actual bodily harm
• Identification evidence
• Turnbull guidelines
• Verdict safety
• Probation
• Identification-evidence

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THE QUEEN v. NG YUK MING

Court

Court of Appeal

Case number

CACC96/1987

The Court of Appeal allowed a criminal appeal after holding that adverse comment on the accused’s failure to mention an alibi at first opportunity was a misdirection.

• Alibi
• Identification evidence
• Right to silence/caution
• Judicial misdirection
• Proviso application
• Retrial

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