Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Admissibility of evidence (photographs)
  • 29 Jan 1999

    HKSAR v. KONG KWONG SAN

    Citation
    HKSAR v. KONG KWONG SAN
    Court
    Court of Appeal
    Case number
    CACC135/1998

    The Court held there was no legal error: Lord Goff's approach in Luc Thiet Thuan correctly construes the statute such that mental infirmity reducing self‑control is not attributed to the reasonable person for provocation; there were no relevant characteristics requiring a Camplin direction; the trial judge adequately placed background and history before the jury; the judge properly exercised discretion on late deliberations; and the mortuary photographs were sufficiently probative. Accordingly the conviction was safe and the application dismissed.