Hong Kong Case Law: Decisions & Judgments

Topic

Identification and credibility

Legal area

Court

12 Dec 2017

AGACER JAMES C v. TANG SAI KEUNG AND ANOTHER

Citation

AGACER JAMES C v. TANG SAI KEUNG AND ANOTHER
Court

Court of First Instance
Case number

HCPI916/2014

Application dismissed as to the 1st defendant: it was not equitable to disapply the limitation period because plaintiff failed to act promptly after receiving the counsel's advice in March 2014, offered no adequate explanation for the subsequent five months' delay, and the claim lacked reasonable prospects of success (serious identification and credibility problems) causing relevant prejudice to the defendant.
15 Dec 1999

HKSAR v. MO LONG

Citation

HKSAR v. MO LONG
Court

Court of Appeal
Case number

CACC268/1999

Leave out of time was granted due to non-wilful delay caused by correspondence with Legal Aid, but the appeal was dismissed because the conviction turned on credibility and identification which the trial judge resolved against the applicant and the sentence was within appropriate limits (and in fact lenient); consequentially four months of time in custody was ordered not to count towards sentence.
21 Apr 1999

HKSAR v. WONG FEI AND ANOTHER

Citation

HKSAR v. WONG FEI AND ANOTHER
Court

Court of Appeal
Case number

CACC562/1998

The convictions were upheld because the trial judge accepted the eyewitness evidence of PW6 and PW7 as honest and reliable, their identifications were clear and the defendants' alternative explanations were inconsistent with that evidence; there was no basis for the appellate court to overturn those credibility findings.
22 Apr 1998

HKSAR v. SZE LAM KWONG

Citation

HKSAR v. SZE LAM KWONG
Court

Court of First Instance
Case number

HCMA924/1997

The conviction was quashed because the magistrate failed to make an objective factual finding that the touching was, as a matter of law, indecent to right-minded persons as required by R v Court, rendering the conviction unsafe.
14 May 1997

R. v. CHAN WING KWONG

Citation

R. v. CHAN WING KWONG
Court

Court of Appeal
Case number

CACC398/1996

The appellate court dismissed the application for leave because the trial judge correctly resolved credibility in favour of the shop owner's brother, found the alibi unconvincing, and properly admitted the voluntary cautioned statement which, together with surrounding circumstances, justified an inference of triad membership and a conviction for theft (robbery not proved).

Hong Kong Case Law

AGACER JAMES C v. TANG SAI KEUNG AND ANOTHER

HKSAR v. MO LONG

HKSAR v. WONG FEI AND ANOTHER

HKSAR v. SZE LAM KWONG

R. v. CHAN WING KWONG