Hong Kong Case Law

香港特別行政區 訴 邱承建及另二人

Court

District Court

Case number

DCCC1092/2018

On the surface evidence the prosecution established independent reasonable foundational evidence to apply the co-conspirator's rule to specified parts of PW1's testimony and to parts of the P69/P70 recordings (P69 items 244–435 / P70 items 9–198) for the purposes of counts 1 and 3; P68 and portions of the recordings and PW1 evidence that are not in furtherance were excluded. The ruling is a provisional admissibility decision based on surface evidence, not a final factual determination.

Source excerpt

• Conspiracy
• Co-conspirator's rule
• Admissibility of evidence
• Misconduct in public office

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HKSAR v. LEE YUEN FOOK AND OTHERS

Court

Court of Appeal

Case number

CACC69/2018

Hong Kong Court of Appeal granted leave on one limited ground in a conspiracy to commit misconduct in public office case, and refused the rest.

• Misconduct in public office
• Conspiracy
• Hearsay and electronic communications
• Identification evidence
• Co-conspirator rule
• Expert voice identification

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HKSAR v. CHAN KUI-YUEN also known as THOMAS CHAN

Court

Court of Final Appeal

Case number

FAMC10/2016

Court of Final Appeal granted leave on one public office misconduct question and refused leave on the other appeal grounds arising from convictions and evidence rulings.

• Misconduct in public office
• Conspiracy
• Prevention of bribery ordinance s4(1)
• Admission of evidence (uncautioned statement)
• Leave to appeal
• Misconduct-in-public-office

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HKSAR v. HUI RAFAEL JUNIOR , also known as HUI SI-YAN RAFAEL AND OTHERS

Court

Court of First Instance

Case number

HCCC98/2013

The court refused an application to discharge the jury after the prosecution opening, holding that any prejudice could be cured by directions in a long trial.

• Misconduct in public office
• Bribery
• Conflict of interest
• Jury discharge and prejudice
• Prosecutorial opening limits
• Severance and joinder

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HKSAR v. TSO MOON TONG

Court

Court of Appeal

Case number

CACC17/2006

Court of Appeal upheld convictions for misconduct in public office and blackmail, holding covert recordings were admissible because the trial remained fair.

• Misconduct in public office
• Blackmail
• Covert surveillance
• Admissibility of evidence
• Sentencing / totality
• Misconduct-in-public-office

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SECRETARY FOR JUSTICE v. WONG KWOK KAU

Court

Court of Appeal

Case number

CAAR1/2004

Court of Appeal allowed a sentence review after finding the sentencing judge had been deliberately misled by false mitigation, increasing the trafficking sentence to 14 years.

• Sentence review
• Fresh evidence
• Misleading mitigation
• Perverting the course of public justice
• Statutory interpretation of s83v(5)
• Informant discounts

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HKSAR v. PANG TAT SING

Court

Court of Appeal

Case number

CACC343/1997

Court of Appeal dismissed leave to appeal against bribery convictions, holding the judge properly treated accomplice evidence and admitted co-conspirator statements.

• Bribery of public servant
• Accomplice evidence
• Co-conspirator rule
• Admissibility of statements
• Sufficiency of evidence
• Bribery-of-public-servant

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R. v. CLIVE GEORGE HOLGATE

Court

Court of Appeal

Case number

CACC721/1995

The Court of Appeal quashed a conviction after holding that the trial judge failed to address the prejudice caused by the absence of a material defence witness.

• Stay of proceedings
• Unavailability of defence witness
• Fair trial
• Abuse of process
• Reasons for verdict
• Stay-of-proceedings

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R. v. TANG SHU WAN and Others

Court

Court of Appeal

Case number

CACC258/1994

Court of Appeal considered conspiracy and bribery convictions involving customs officers smuggling unmanifested cargo, dismissing most appeals but quashing D5’s conviction on one charge.

• Conspiracy to export unmanifested cargo
• Conspiracy to accept advantages
• Offering advantage
• Bribery under prevention of bribery ordinance
• Accomplice evidence
• Amendment of particulars

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NG KA-HUNG v. THE QUEEN

Court

Court of Appeal

Case number

CACC1309/1977

Appeal against a bribery conviction allowed after the court found serious procedural confusion, questionable reliance on interview notes, and unresolved signs of inducement.

• Bribery
• Admissibility of confessions
• Voluntariness of statements
• Voir dire vs alternative procedure
• Police/icac interview practice
• Inducement and bail

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