Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Fabrication allegation

Legal area

Court

3 Feb 2023

CHIU KEI LEUNG v. CHUI DEON YAU HAN AND ANOTHER

Citation

[2023] HKDC 134
Court

District Court
Case number

DCCJ5510/2018

Leave to discontinue was refused and the plaintiff's action was dismissed on the merits because the fabrication allegation was unparticularised, withdrawn late after contradictory contemporaneous documents emerged, and continuation would serve no purpose; indemnity costs were warranted and a certificate for two counsel was justified given the seriousness, complexity and trial conduct.
6 Jun 2018

HKSAR v. KHAN CHANGAZ

Citation

[2018] HKCA 320
Court

Court of Appeal
Case number

CACC117/2017

Given the third party was called as a defence witness and disavowed an earlier statement that he owned the drugs, with the prosecution alleging fabrication, a lies direction was properly given; the appeal for certification raised no point of law of great and general importance and was dismissed.
26 Jan 1983

KONG LEUNG-HUNG v. THE QUEEN

Citation

KONG LEUNG-HUNG v. THE QUEEN
Court

Court of Appeal
Case number

CACC701/1982

Failure to adequately present the defence case to the jury (including omission of material negative test results and failure to point out witness motive) together with the procedural error of calling the second defendant to elect before the first defendant's case was complete rendered the convictions unsafe; appeal allowed and new trial ordered.