Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Comment on accused's failure to give evidence

Legal area

Court

16 Nov 1998

THE SECRETARY FOR JUSTICE v. CHAN HUNG YIP AND OTHERS

Citation

THE SECRETARY FOR JUSTICE v. CHAN HUNG YIP AND OTHERS
Court

Court of First Instance
Case number

HCAL85/1998

In a trial before a judge alone, prosecutorial comment on an accused's failure to give evidence does not automatically mandate a retrial; where the judge expressly states she can disregard the comment and there is no real risk of injustice or appearance of injustice, the correct remedy is to quash the order for retrial and, where appropriate, order the judge to continue hearing the case rather than require a new trial.
28 Mar 1984

THE QUEEN v. SIN CHEONG SHING AND ANOTHER

Citation

THE QUEEN v. SIN CHEONG SHING AND ANOTHER
Court

Court of Appeal
Case number

CACC595/1983

Prosecutorial remarks commenting on the accused's failure to give evidence breached section 54(1)(b); whether such a breach mandates quashing depends on whether the trial judge's directions sufficiently cured the prejudice. In this case the corrective summing-up was inadequate and the conviction on the 8th count must be quashed and sentence set aside.