Hong Kong Case Law: Decisions & Judgments

Topic

Admission of statements

Legal area

Court

18 Oct 2024

香港特別行政區訴譚錦鵬

Citation

[2024] HKCFI 3690
Court

Court of First Instance
Case number

HCMA70/2024

On full re‑hearing the court was satisfied beyond reasonable doubt that the complainant's evidence was reliable, that limitations of the CCTV (angle, resolution and obstruction) explained the absence of visible hand movement, and that accidental touching was reasonably excluded by the mode, location and repetition of the contact; the trial judge's credibility findings and exclusion/giving no weight to pre‑warning statements were lawful, therefore conviction is upheld.
3 Mar 2006

CHAN CHEUNG v. LEUNG KWOK WAI AND OTHERS

Citation

CHAN CHEUNG v. LEUNG KWOK WAI AND OTHERS
Court

Court of Final Appeal
Case number

FAMV1/2006

Leave to appeal was refused because the Court of Appeal correctly applied the combined approach to apportionment (consistent with Fitzgerald v Lane), the trial judge's refusal to admit the security guard's statement was properly exercised and would not have affected the outcome given the witness was available and concurrent factual findings are not easily disturbed; there was no reasonable prospect of success to justify leave.
6 Jan 1999

HKSAR v. YU WAI YIP AND ANOTHER

Citation

HKSAR v. YU WAI YIP AND ANOTHER
Court

Court of Appeal
Case number

CACC223/1998

The trial judge's directions were clear, balanced and sufficient; any infelicity of expression (use of 'incriminating') did not mislead the jury and the trial judge properly exercised discretion in refusing the very late application to call alibi evidence under s65D(2); accordingly the convictions were not unsafe and the applications were dismissed.
28 Jun 1979

SUEN YAN v. THE QUEEN

Citation

SUEN YAN v. THE QUEEN
Court

Court of Appeal
Case number

CACC1165/1978

The conviction was quashed because the trial judge failed to adequately direct the jury on self-defence by not correlating the evidence with the legal test for necessary self-defence, thereby depriving the appellant of a properly informed basis for the jury's verdict; a retrial was ordered.

Hong Kong Case Law

香港特別行政區 訴 譚錦鵬

CHAN CHEUNG v. LEUNG KWOK WAI AND OTHERS

HKSAR v. YU WAI YIP AND ANOTHER

SUEN YAN v. THE QUEEN

香港特別行政區訴譚錦鵬