Hong Kong Case Law: Decisions & Judgments

Topic

Confrontation identification

Legal area

Court

23 Dec 2021

HKSAR v. OKAFOR CHRISTIAN

Citation

[2021] HKCA 1909
Court

Court of Appeal
Case number

CACC20/2021

The applicant's grounds were not reasonably arguable because the case against him did not depend on confrontation or dock-to-CCTV face comparison, the judge gave adequate and context-specific directions on CCTV evidence and inferences consistent with specimen directions and case law, and the jury were not subjected to improper pressure during deliberations; accordingly leave to appeal against conviction was refused.
20 Jan 2010

HKSAR v. MUDANNAYAKALAGE CHAMINDA PUSHPA KUMARA AND ANOTHER

Citation

HKSAR v. MUDANNAYAKALAGE CHAMINDA PUSHPA KUMARA AND ANOTHER
Court

Court of Appeal
Case number

CACC249/2008

On the facts the judge was entitled to regard PW1's identification of D1 as safe because of close and repeated observation, distinctive appearance, immediate confrontation and corroborating circumstantial evidence; but the confrontation identification of D2 was unfair or of insufficient weight and the circumstantial evidence only supported an inference of handling stolen goods, not participation in the robbery, therefore D2's robbery conviction was unsafe and was quashed and substituted under s.83A for handling stolen goods.
6 Jul 2000

HKSAR v. MAK KIN WA

Citation

HKSAR v. MAK KIN WA
Court

Court of First Instance
Case number

HCMA1151/1999

The magistrate's acceptance of PW1's identification was justified: PW1 had a clear, contemporaneous view, re‑identified the defendant shortly thereafter on the platform, no suggestion was put at trial of mistaken identity, police conduct at the platform was not improper, and the magistrate properly considered discrepancies and gave appropriate warnings; appellate court will not overturn credibility findings absent a clear basis, therefore the conviction is safe and the appeal must be dismissed.

Hong Kong Case Law

HKSAR v. OKAFOR CHRISTIAN

HKSAR v. MUDANNAYAKALAGE CHAMINDA PUSHPA KUMARA AND ANOTHER

HKSAR v. MAK KIN WA