Hong Kong Case Law: Decisions & Judgments

Topic

Identification of stolen property

Legal area

Court

3 Jan 1996

THE QUEEN v. YIP CHUNG MAN and Another

Citation

THE QUEEN v. YIP CHUNG MAN and Another
Court

Court of First Instance
Case number

HCMA990/1995

The conviction on the first charge was quashed because there was not satisfactory evidence that $9,000 and 10 packets of cigarettes were stolen; however the evidence linking the waist bag to the burglary justified ordering a retrial on the first charge, while convictions on the other two charges against the first appellant were upheld and sentence amended to concurrent 12‑month terms on those charges.
17 May 1988

THE QUEEN v. LAW CHI KONG

Citation

THE QUEEN v. LAW CHI KONG
Court

Court of Appeal
Case number

CACC491/1987

The conviction was upheld because the primary evidence—proprietor discovering strangers moving his goods, police recovery of the goods, and the occupier's admission that he bought the goods from the applicant—gave a sufficient basis for conviction; the discrepancy in the goods' valuation affected only sentence and did not undermine identification or guilt, so the appeal was dismissed.
13 Jun 1980

SHISHIR TARACHAND KOTHARI v. THE QUEEN

Citation

SHISHIR TARACHAND KOTHARI v. THE QUEEN
Court

Court of Appeal
Case number

CACC795/1979

The Court quashed the convictions because the Crown failed to prove beyond reasonable doubt that the diamonds handed over were identical to Brilliant's consigned diamonds (identity/ownership not established, particularly Lot 5), and the conviction for making a false report was wrongly charged under s64(a) and rested on an inappropriate factual basis; accordingly convictions could not stand and appellant was discharged.
31 Jul 1968

LEUNG YUEN CHAK v. THE QUEEN

Citation

LEUNG YUEN CHAK v. THE QUEEN
Court

Court of Appeal
Case number

CACC355/1968

The confession evidence admitted at trial was rendered unreliable by facts (a prior incarceration) unknown to the magistrate and by questions as to voluntariness; however, because independent police evidence linked recovered stolen property to premises associated with the appellant, the conviction was quashed and a retrial ordered rather than an outright acquittal, and the retrial should be before a differently constituted court.

Hong Kong Case Law

THE QUEEN v. YIP CHUNG MAN and Another

THE QUEEN v. LAW CHI KONG

SHISHIR TARACHAND KOTHARI v. THE QUEEN

LEUNG YUEN CHAK v. THE QUEEN