Hong Kong Case Law: Decisions & Judgments

Topic

Application of proviso (s83 criminal procedure ordinance)

Legal area

Court

31 Aug 2022

HKSAR v. AMARJIT

Citation

[2022] HKCA 1252
Court

Court of Appeal
Case number

CACC172/2019

Where flight evidence is ancillary to a central, sharply contested factual issue (here whether the appellant alighted holding two bags visibly containing drugs) and the jury received an adequate Liberato direction such that a reasonable doubt on that issue would have led to acquittal, the omission to give a full flight direction was not a material irregularity; if material, the proviso would apply because the verdict would inevitably have been the same.
15 Dec 2014

HKSAR v. CHAN HOI WING

Citation

HKSAR v. CHAN HOI WING
Court

Court of Appeal
Case number

CACC25/2014

The convictions were quashed because two material irregularities occurred: (1) prosecution counsel impermissibly made a closing speech after an unrepresented defendant had given evidence and called no other witnesses; and (2) the trial judge failed to revisit and determine whether the unamended indictment and disclosure of the co-accused's guilty plea should be presented to the jury after defence counsel was discharged. These irregularities undermined trial fairness and the proviso was inapplicable, requiring quashing of the conviction and ordering a retrial.
13 Dec 2002

HKSAR v. YEUNG KA YEE AND OTHERS

Citation

HKSAR v. YEUNG KA YEE AND OTHERS
Court

Court of Appeal
Case number

CACC107/2001

The Court held that the contested out-of-court statements were admissible because breaches (taking suspects to a rooftop contrary to s51 and lack of re‑advice about legal counsel) did not render statements involuntary or unreliable on the facts; the summing up and jury directions were not unfair in a way that undermined conviction; although the judge erred in refusing some cross-examination about a co-defendant's statements (per R v Myers), that error caused no miscarriage of justice and the proviso under s83 Cap.221 justified dismissing the appeal (leave granted to D2 but appeal dismissed; a…

Hong Kong Case Law

HKSAR v. AMARJIT

HKSAR v. CHAN HOI WING

HKSAR v. YEUNG KA YEE AND OTHERS