Hong Kong Case Law: Decisions & Judgments

Topic

Cross-examination on motive to lie

Legal area

Court

13 Mar 2015

HKSAR v. SINGH BALWINDER

Citation

HKSAR v. SINGH BALWINDER
Court

Court of Appeal
Case number

CACC166/2014

The Court held the trial judge acted within her discretion in admitting the applicant's prior convictions because the defence had imputed matters to the prosecution witness; the convictions were relevant to credibility only, the judge gave appropriate directions limiting their use and the cross-examination of the accused about knowledge of a witness's motive to lie was permissible; accordingly the conviction and sentences were upheld and the appeal dismissed.
13 Jun 2012

香港特別行政區訴簡志文

Citation

香港特別行政區訴簡志文
Court

Court of First Instance
Case number

HCMA71/2011

Given the institutional context, the multiplicity and consistency of complainants and the neutral, non‑leading nature of the judge's questions about potential motives to lie, the judge did not err; the questioning did not shift the burden of proof or render convictions unsafe and the credibility findings were within the judge's province.
20 Mar 2008

HKSAR v. WONG KWOK WANG, WARREN

Citation

HKSAR v. WONG KWOK WANG, WARREN
Court

Court of Appeal
Case number

CACC45/2005

Questions to an accused about whether he knows reasons why a witness might lie are permissible; any potential prejudicial effect must be neutralised by clear jury directions preserving the prosecution's burden. In this case adequate directions and substantial corroborative documentary and financial evidence meant the cross-examination did not render convictions unsafe. The District Court rightly refused a stay because joinder was not required and no abuse or demonstrable prejudice was shown. Sentences and partial consecutiveness were within permissible limits given scale, seniority and durati…

Hong Kong Case Law

HKSAR v. SINGH BALWINDER

香港特別行政區 訴 簡志文

HKSAR v. WONG KWOK WANG, WARREN

香港特別行政區訴簡志文