Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Evidence insufficiency

Legal area

Court

15 Oct 2018

香港特別行政區訴葉罕芬

Citation

[2018] HKCFI 2315
Court

Court of First Instance
Case number

HCMA469/2017

Appeal allowed and appeal costs awarded because evidence was insufficient to prove intoxication beyond reasonable doubt; trial costs denied because appellant's disorderly conduct and self‑induced suspicion amounted to positive reasons to withhold trial costs.
15 May 2017

香港特別行政區訴張毅

Citation

香港特別行政區訴張毅
Court

Court of First Instance
Case number

HCMA292/2016

The conviction was unsafe because the trial magistrate did not independently and adequately consider the appellant's testimony; on re‑hearing the appellate court found the appellant's version not inherently impossible and that, given the deficiencies in the trial evaluation, a reasonable doubt remained, so the conviction was quashed.