Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Fresh evidence (s83v criminal procedure ordinance)

Legal area

Court

21 Dec 2007

HKSAR v. CHENG WUI YIU

Citation

HKSAR v. CHENG WUI YIU
Court

Court of Appeal
Case number

CACC532/2004

The Court refused to admit the fresh evidence under s83V because the main proposed witness (Ng) was wholly unreliable and not credible; accordingly the fresh material would not have rendered the convictions unsafe or unsatisfactory. The convictions and sentences (life with 22-year minimum and concurrent 5 years) were therefore affirmed.
19 Aug 2003

HKSAR v. KHAN ARSHED

Citation

HKSAR v. KHAN ARSHED
Court

Court of Appeal
Case number

CACC533/2001

The trial judge did not err in law or in the exercise of his discretion: there was no evidential basis requiring a special corroboration warning; the summing up fairly and thoroughly addressed inconsistencies, medical evidence and other points relied on by the defence; the alleged discrepancies were trivial or fully explored at trial; fresh evidence was not necessary or expedient; accordingly the convictions were safe and the appeal is dismissed.