Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Appellate review of sufficiency of evidence

Legal area

Court

11 Nov 1999

HKSAR v. TSE TAK MING

Citation

HKSAR v. TSE TAK MING
Court

Court of Appeal
Case number

CACC335/1999

The Court held the trial judge did not err: having accepted the applicant's admissions and considered the factual context (quantity and distribution of drugs, cutting agents, scales, packaging, shared access to the room), she was entitled to draw the irresistible inference that the drugs were for trafficking rather than simple personal consumption; the alternative defence of personal use was implicitly rejected and the conviction is upheld.
13 Feb 1990

THE QUEEN v. NG PAK HAT

Citation

THE QUEEN v. NG PAK HAT
Court

Court of First Instance
Case number

HCMA1585/1989

The cautioned statement was admissible because the magistrate properly inquired and there was affirmative evidence of voluntariness; however the evidence as a whole was insufficient to prove the appellant's active participation in the fighting beyond reasonable doubt (identification and joint enterprise were not established), so the conviction for fighting was unsafe and must be quashed while the conviction under the societies (triad) charge was supported and affirmed.