Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Burden of proof on claimant

Legal area

Court

21 Feb 2017

WAN JINGYI v. HOO CHUN WING t/a KAI CHUN GOOD WELL AND ANOTHER

Citation

WAN JINGYI v. HOO CHUN WING t/a KAI CHUN GOOD WELL AND ANOTHER
Court

Court of Appeal
Case number

CACV105/2016

The appeal is dismissed because the trial judge's adverse credibility findings against the appellant were supported by the evidence (inconsistent accounts and dates, delay in seeking treatment, contemporaneous medical records and surveillance, and the respondents' expert evidence), and the appellant failed to demonstrate any palpable error in the judge's assessment sufficient to justify appellate interference.
2 Sept 2015

HKSAR v. NGOMA JUMA SHABANI

Citation

HKSAR v. NGOMA JUMA SHABANI
Court

Court of Appeal
Case number

CACC214/2014

On the evidence (Summary of Facts, antecedent statement and admissions) the court was entitled to infer on the balance of probabilities that the US$4,500 was at least used in connection with drug trafficking (or was the result/product) and, having rejected the appellant's innocent explanation, the judge properly ordered forfeiture under s56(1) even though he did not specify which subsection applied; the appeal is dismissed.