Hong Kong Case Law: Decisions & Judgments

Topic

Conviction as evidence

Legal area

Court

16 Apr 2025

LAM CHEUK TING v. HO KWAN YIU

Citation

[2025] HKCFI 1720
Court

Court of First Instance
Case number

HCA2127/2019

The court granted the defendant leave to amend the defence to rely on the plaintiff's subsisting conviction but, because the conviction is subject to an appeal and in the specific context of a defamation action where the conviction would be conclusive under s64, the court exercised its case management discretion to adjourn the action and trial sine die pending determination or withdrawal of the criminal appeal to avoid substantial potential injustice and procedural inefficiency.
24 Oct 2014

CHING YUK YEE v. FURNISS JACQUELINE ELIZABETH AND ANOTHER

Citation

CHING YUK YEE v. FURNISS JACQUELINE ELIZABETH AND ANOTHER
Court

Court of First Instance
Case number

HCPI127/2012

The 1st defendant's own written police statements and inconsistent trial testimony undermined her credibility; the criminal conviction under s62 Evidence Ordinance raised a presumption of negligence and the defendant failed to rebut that presumption on the balance of probabilities. Causation was established: the defendant's illegal emergence on the crossing caused the plaintiff's fear and fall. Damages were assessed on the evidence and comparable authorities with adjustments for unproven elements (notably tips) resulting in a total award of HK$386,400.96 plus interest and costs.
6 Oct 2008

TAM WAI CHUN v. CHOI SUI KWONG

Citation

TAM WAI CHUN v. CHOI SUI KWONG
Court

District Court
Case number

DCPI2647/2007

On the facts the plaintiff failed to keep a proper look-out by emerging from behind a stationary double-decker bus with only an 8-foot sighting range; the bus also blocked the defendant's view; the HT8545 was travelling at a reasonable speed (40-45 km/h) and could not have stopped in the available distance and time, so the plaintiff's negligence caused the accident and the defendant was not liable; furthermore the plaintiff's prior conviction under s48 Road Traffic Ordinance fell within s62 Evidence Ordinance and placed on the plaintiff the burden to prove the accident was not caused by her n…
15 Mar 1973

FLORENCE HSIA v. FUNG PO YUK

Citation

FLORENCE HSIA v. FUNG PO YUK
Court

Court of Appeal
Case number

CACV1/1973

The appellate court held there was no basis to interfere with the trial judge's assessment: the prior conviction was admissible evidence but the judge was entitled to conclude the appellant was discredited and that provocation reduced compensatory damages, so the inflated claim was properly rejected and the damages assessment affirmed.

Hong Kong Case Law

LAM CHEUK TING v. HO KWAN YIU

CHING YUK YEE v. FURNISS JACQUELINE ELIZABETH AND ANOTHER

TAM WAI CHUN v. CHOI SUI KWONG

FLORENCE HSIA v. FUNG PO YUK