Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Accessory liability (aiding, abetting, counselling, procuring)
  • 1 May 1992

    R. v. KONG WING-FUNG AND OTHERS

    Citation
    R. v. KONG WING-FUNG AND OTHERS
    Court
    Court of Appeal
    Case number
    CACC429/1990

    The Court held that the convictions should stand because the jury properly admitted and could rely on the defendants' cautioned statements after voir dire, the judge's summing‑up preserved the presumption of innocence and did not impermissibly shift the burden so as to require a Broadhurst direction, prosecutorial remarks complained of were legitimate, and D4's admissions amounted to counselling/procuring (within the wider concept of abetting) so his conviction was sustainable; sentencing was adjusted for D4 and D5 on appellate review (D4 to 6 years, D5 to 4 years) while D3's 10‑year sentence…

    • Robbery
    • Handling stolen goods
    • Accessory liability (aiding, abetting, counselling, procuring)
    • Confessions and cautioned statements
    • Jury directions
    • Sentence review