Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Deleted electronic evidence

Legal area

Court

12 Dec 2023

HKSAR v. SHAHID MOHAMMAD SULEMAN

Citation

[2023] HKCA 1351
Court

Court of Appeal
Case number

CACC30/2022

None of the grounds advanced was reasonably arguable: the judge's remark on fingernail DNA did not undermine fairness, the Winter solstice remark did not pressure the jury and was not repeated, the summing-up was balanced and comprehensive, and failure to slavishly follow Specimen Directions was immaterial; accordingly leave to appeal against conviction was refused.
3 Oct 2019

HKSAR v. TSIM HIU YEE

Citation

[2019] HKCA 1097
Court

Court of Appeal
Case number

CACC154/2017

The conviction was quashed because the failure of the defence (and compounding failures by the prosecution) to place a Customs forensic report and recovered deleted messages before the jury — messages which tended to show the appellant believed she was carrying ivory powder — amounted to flagrant incompetence and deprived the appellant of a fair trial, rendering the conviction unsafe and not curable by the proviso.