28 Oct 2022
RE SECRETARY FOR JUSTICE
- Citation
- [2022] HKCA 1635
- Court
- Court of Appeal
- Case number
- CASJ1/2021
The Court held the three trial judges erred as a matter of law by taking into account defence-only explanations, by making factual findings and drawing inferences properly within the jury’s province, and by applying an incorrect formulation (rejecting all realistic possibilities consistent with innocence in the judge’s own assessment). The correct test is Galbraith as elaborated in Li Fook Shiu Ronald: ask whether there is evidence of the offence, whether primary facts are of quality permitting jury acceptance, and whether a reasonable jury properly directed could, may or might be satisfied b…