Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Competence of defence counsel

Legal area

Court

7 May 1999

HKSAR v. CHEUNG HO YING

Citation

HKSAR v. CHEUNG HO YING
Court

Court of First Instance
Case number

HCMA108/1999

The appeal was dismissed because the magistrate's findings were rational and supported by the evidence; defence counsel's tactical omissions did not amount to flagrant incompetence or cause a miscarriage of justice; PW2's qualifications and the medical report provided sufficient basis for the medical findings and the discrepancies in PW1's statements were immaterial to the verdict.
13 Nov 1992

R. v. MO LEE KUEN

Citation

R. v. MO LEE KUEN
Court

Court of Appeal
Case number

CACC338/1990

Although the prosecution failed to disclose a prior photographic identification by an accomplice, the Court found no resulting prejudice given the totality of evidence; the judge's directions on weak identification were adequate; and defence counsel's conduct did not amount to flagrant incompetence or cause a miscarriage of justice—therefore leave to appeal was refused and the conviction stands.