Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Appeal on credibility findings

Legal area

Court

23 Jan 2020

香港特別行政區訴劉觀華

Citation

[2020] HKCFI 926
Court

Court of First Instance
Case number

HCMA460/2019

The conviction was upheld because the trial judge reasonably found on the video, photographs and admissions that the appellant approached a marked 'SLOW' pedestrian crossing with visible pedestrians and nonetheless maintained about 40 km/h instead of slowing to a speed that would permit immediate braking; that failure constituted lack of the requisite care and attention and supported a finding of careless driving beyond reasonable doubt.
14 Mar 2002

HKSAR v. Yeung Man

Citation

HKSAR v. Yeung Man
Court

Court of First Instance
Case number

HCMA153/2002

The appeal was dismissed because the appellant failed to demonstrate any error in the Magistrate's findings that the police evidence was consistent, honest and reliable; an appellate court will not substitute its view for the tribunal of fact on credibility absent shown error.
10 Dec 1996

R. v. KUNG HON-CHIU

Citation

R. v. KUNG HON-CHIU
Court

Court of Appeal
Case number

CACC213/1996

The Court held the trial judge was entitled to accept the victim's detailed, credible evidence and to reject defence testimony; none of the appellant's arguments created a lurking doubt sufficient to justify interference, therefore leave to appeal was refused and the conviction and probation sentence were upheld.