Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Failure to call material witness

Legal area

Court

8 Apr 2004

HKSAR v. LUNG CHI CHUEN

Citation

HKSAR v. LUNG CHI CHUEN
Court

Court of First Instance
Case number

HCMA1183/2003

The conviction was unsafe and unsatisfactory because the magistrate was inappropriately influenced by the appellant's failure to protest to police and failed adequately to address the prosecution's omission to call the cashier; on that basis the appeal was allowed and the conviction quashed.
6 Jan 1977

NG CHIT HAY v. THE QUEEN

Citation

NG CHIT HAY v. THE QUEEN
Court

Court of Appeal
Case number

CACC1310/1976

The conviction was unsafe and must be quashed because the Crown failed to call the material taxi driver witness and did not obtain a contemporaneous statement to rebut the appellant's version; in those circumstances the evidence was insufficient to support conviction beyond reasonable doubt despite the magistrate's disbelief of the appellant.