Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Accomplice evidence directions

Legal area

Court

23 Aug 2024

HKSAR v. LEUNG KING HUNG

Citation

[2024] HKCA 804
Court

Court of Appeal
Case number

CACC128/2022

On conviction: where accomplices have pleaded guilty and then given evidence, the cautionary direction in Specimen Direction 109 suffices and there is no obligation to give a Specimen Direction 116-style warning; leave to appeal and appeal against conviction refused and dismissed. On sentence: the original 20-year starting point (enhanced to 22) was manifestly excessive; applying Herry Jane Yusuph the Court adopted a 15-year starting point for the sizeable conspiracy and enhanced it for three aggravating features (use of minors +3 years, multiplicity of drugs +1 year, prior trafficking convic…
28 May 1998

HKSAR v. CHAN BING KUEN

Citation

HKSAR v. CHAN BING KUEN
Court

Court of Appeal
Case number

CACC774/1997

The trial judge's directions on the dangers of accomplice testimony were adequate in content and strength given the evidence; there was no obligation to consult counsel about special warnings; the two counts were so closely interrelated that it was proper to leave them to the jury as effectively standing or falling together; accordingly the convictions were safe and the application for leave to appeal was dismissed.