Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Identification evidence admissibility

Legal area

Court

14 Oct 2019

HKSAR v. LEUNG HO MAN

Citation

[2019] HKCFI 2524
Court

Court of First Instance
Case number

HCCC4/2019

The court refused the prosecution's immediate application to put the indictment again and declined to accept an alternative manslaughter plea at that stage because material admissibility and evidential lacunae (identification, CCTV, medical evidence and causation) needed resolution first; the defence is not precluded from challenging evidence despite a prior refused plea offer and a Newton hearing or further evidential testing may be required before any plea is accepted for sentencing purposes.
10 Jul 1986

THE QUEEN v. TAM CHI PANG AND OTHERS

Citation

THE QUEEN v. TAM CHI PANG AND OTHERS
Court

Court of Appeal
Case number

CACC119/1985

The convictions of D.1 were quashed because the trial judge's lengthy and hostile interventions at the end of D.1's evidence improperly invited the jury to disbelieve the defence, rendering the verdicts unsafe; a retrial was ordered but limited by s83E(2) CPO to the offence of manslaughter (the offence of conviction) and not murder; the tired-jury complaints of D.2 and D.5 failed on the facts and their appeals were dismissed; D.3's discharge of counsel did not justify interruption of the trial and his appeal was dismissed; the judge erred in excluding evidence of prior identification of D.5 r…