Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Alternative verdicts (manslaughter)

  • 29 Jun 1989

    THE QUEEN v. LEUNG CHI YUEN AND OTHERS

    Citation
    THE QUEEN v. LEUNG CHI YUEN AND OTHERS
    Court
    Court of Appeal
    Case number
    CACC576/1987

    Court held that (a) Yeung's independent evidence and possession/ballistics evidence could legally corroborate accomplice Tam in respect of D4 and as to some co‑accused, but (b) trial judge materially misdirected the jury on the weight and testing of crucial ballistics evidence (absence of test specimens/photographs and insufficient direction to treat expert conclusions as open to challenge) and (c) there was a material misdirection on dates affecting D5's alibi/absence; those errors made convictions of D1, D2, D3 and D5 unsafe and appellate relief was warranted; the conviction of D4 was uphel…

  • 24 Aug 1987

    RE PAN CHI KEUNG AND OTHERS

    Citation
    RE PAN CHI KEUNG AND OTHERS
    Court
    Court of First Instance
    Case number
    HCMP1455/1987

    The court held that the trial judge's order discharging the accused after the jury's majority 'not guilty' verdicts was a valid High Court order which this court had no jurisdiction to set aside; the judge was functus officio and the proper remedy for any error was by appeal, therefore the subsequent arrests were unlawful and the applicants must be unconditionally discharged (subject to any appellate order).