Hong Kong Case Law: Decisions & Judgments

Topic

Credibility and circumstantial inference

Legal area

Court

31 Dec 2020

HKSAR v. WILLAN MUSTAPHA

Citation

[2020] HKDC 934
Court

District Court
Case number

DCCC353/2020

On the admitted facts and contemporaneous text messages the prosecution proved on the balance of probabilities that the HK$19,000 was proceeds of or used in connection with the defendant's drug trafficking; the defendant failed to establish that cash consisted of third‑party banknotes kept for safekeeping and failed to discharge the shifted burden, therefore the court ordered forfeiture under s56(1) DDO.
9 Nov 2012

HKSAR v. ROSNAH BINTI ABDUL LATIP

Citation

HKSAR v. ROSNAH BINTI ABDUL LATIP
Court

Court of Appeal
Case number

CACC368/2011

The judge's challenged remarks were permissible expressions of opinion and legitimate lines of analysis for the jury in the context of the accused's defence; she had repeatedly reminded the jury that questions of fact and the ultimate decision were for them alone and that they could ignore the judge's views, and therefore the impugned passage did not render the conviction unsafe.
7 Nov 2011

LAM YI LAI v. HKSAR

Citation

LAM YI LAI v. HKSAR
Court

Court of Final Appeal
Case number

FAMC30/2011

Even if the magistrate accepted that a touching occurred, he permissibly concluded that the contact could have been unintended in the context of a scuffle and, applying a correct subjective test, found that the applicant did not genuinely believe she had been indecently assaulted; on that basis and having evaluated all relevant evidence the magistrate and deputy judge were entitled to conclude the applicant knowingly made a false report, so leave to appeal was properly refused.
27 Mar 1986

THE QUEEN v. KO CHI KUN (D2)

Citation

THE QUEEN v. KO CHI KUN (D2)
Court

Court of First Instance
Case number

HCMA240/1986

The magistrate properly accepted the police evidence and documentary patterns showing a system of 'buying out' and organised provision of sexual services; that established the premises as a vice establishment and the appellant, by advising availability and fixed pricing, knowingly assisted in its management, so the conviction under s.139(b) is sustainable.

Hong Kong Case Law

HKSAR v. WILLAN MUSTAPHA

HKSAR v. ROSNAH BINTI ABDUL LATIP

LAM YI LAI v. HKSAR

THE QUEEN v. KO CHI KUN (D2)