Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Credibility and fresh evidence

Legal area

Court

19 Jan 2023

AVTAR SINGH v. DIRECTOR OF IMMIGRATION [Decision on Leave Application]

Citation

[2023] HKCFI 187
Court

Court of First Instance
Case number

HCAL1138/2022

Leave was refused because the Director rationally found the purported new evidence to be unsubstantiated/hearsay and that even if accepted it did not show a significant change or realistic prospect of success under s37ZO; no procedural unfairness was shown; and an RPO was justified to prevent abuse of process.
30 May 1991

THE QUEEN v. CHEUNG HAY DIN AND OTHERS

Citation

THE QUEEN v. CHEUNG HAY DIN AND OTHERS
Court

Court of Appeal
Case number

CACC623/1988

The Court upheld the convictions: (1) voice identification was not relied on exclusively and the judge could infer Iris's participation from the entire matrix; (2) intimidation committed by a person in Hong Kong is triable in Hong Kong even if received abroad; (3) on the facts the police had reasonable grounds to arrest and to conduct searches and to use force, and the trial judge was entitled to prefer police evidence despite proven minor misconduct; (4) post-trial disciplinary admissions against the inspector did not make the convictions unsafe.