Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Criminal procedure ordinance s83(1) proviso

Legal area

Court

12 May 2006

HKSAR v. YIP SAI MING

Citation

HKSAR v. YIP SAI MING
Court

Court of Appeal
Case number

CACC6/2005

The application for a certificate under section 32(2) is dismissed because the applicant failed to identify a proper statutory limb and no point of law of great and general importance arises; the allegation of substantial and grave injustice was not a matter for this court to certify.
24 Apr 1986

THE QUEEN v. YAU CHIK HUNG

Citation

THE QUEEN v. YAU CHIK HUNG
Court

Court of Appeal
Case number

CACC395/1985

The judge's repetitive and confusing directions on presumptions (including treating the presumptions inconsistently between defendants) so prejudiced the jury that the convictions were unsafe; the Court could not be satisfied the proviso to s83(1) applied because the defendant had given evidence and it was impossible to be sure which account the jury accepted; convictions must be quashed and a retrial ordered (in the District Court).