Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Child witness credibility

Legal area

Court

13 Jul 2005

HKSAR v. HERDER JOHNATHON PHILLIP

Citation

HKSAR v. HERDER JOHNATHON PHILLIP
Court

Court of First Instance
Case number

HCMA397/2005

The magistrate properly and carefully evaluated the child complainant’s evidence, considered possible mistake, fabrication and discrepancies, found the complainant credible and the appellant’s explanation insufficient to negate the account; on that basis the conviction was safe and the appeal against conviction was dismissed.
21 Jun 1999

HKSAR v. WONG TSIU KEN

Citation

HKSAR v. WONG TSIU KEN
Court

Court of First Instance
Case number

HCMA736/1998

The magistrate correctly evaluated the evidence, properly used the mother's testimony only for consistency, did not impose any burden of proof on the appellant, was entitled to prefer the child's uncorroborated testimony after observing demeanour, and the six month immediate custodial sentence was within discretion and not manifestly excessive; therefore the convictions and sentence stand.