Hong Kong Case Law: Decisions & Judgments

Topic

Identification parades

Legal area

Court

2 Mar 2015

HKSAR v. SAJID MAHMOOD

Citation

HKSAR v. SAJID MAHMOOD
Court

Court of Appeal
Case number

CACC333/2013

Leave to appeal was refused because the court found the identification evidence reliable when assessed with corroborating material (the stolen phone found in the applicant's jacket shortly after the offence, removal of the SIM and resetting of the phone, and the applicant's false account), the trial judge properly admitted the pre‑caution remark and excluded the post‑caution answer for legitimate concerns about understanding the caution, and the trial judge provided adequate, reasoned findings addressing credibility and parade fairness such that the conviction was not unsafe.
3 Aug 1994

TEE QUEEN v. LAM KA FAI

Citation

TEE QUEEN v. LAM KA FAI
Court

Court of Appeal
Case number

CACC724/1993

The Court held that the trial judge did not err in refusing to exclude the identification evidence: although procedural irregularities occurred at the informal parade, they did not make the admission of the identification evidence such that it would prevent the accused from receiving a fair trial; the judge's discretion to exclude admissible evidence is confined and must be exercised only where admission would deny a fair trial; the trial judge's assessment that the principal witness was credible and had a proper opportunity to observe was not wrong and the conviction was therefore upheld.
11 Sept 1991

ATTORNEY GENERAL v. PHUNG VAN TOAN AND OTHERS

Citation

ATTORNEY GENERAL v. PHUNG VAN TOAN AND OTHERS
Court

Court of Appeal
Case number

CACC82/1991

The Court allowed the Attorney General's appeal, holding that the deficiencies in the committal papers (missing Vietnamese originals and interpreter statements) were technical and, where not causing prejudice, curable; interpreter evidence is necessary where interpretation was used and ideally should be in the committal documents, but the Attorney General is entitled to notify additional evidence up to the point the judge finalizes his s.16 decision; on the admissible material a prima facie case existed (including against respondent 2) and the discharges were therefore set aside.
6 Feb 1991

PHUNG VAN TOAN AND OTHERS v. THE QUEEN

Citation

PHUNG VAN TOAN AND OTHERS v. THE QUEEN
Court

Court of Appeal
Case number

CACC13/1990

The court discharged the accused on the murder charge because the prosecution evidence was insufficient as a matter of law: the prosecution statements failed s.80B(2)(e) because statements were in Cantonese and not read to witnesses in their Vietnamese language as required; police officers' accounts of what witnesses said via interpreters at identification parades are inadmissible hearsay under R v Attard; the judge lacked jurisdiction to accept belated interpreter statements; consequently the identification evidence was legally insufficient to establish a prima facie case of murder (though i…
10 Apr 1990

THE QUEEN v. KWONG YIU HUNG

Citation

THE QUEEN v. KWONG YIU HUNG
Court

Court of Appeal
Case number

CACC83/1989

The Court upheld the exercise of the trial judge's discretion: although the son’s identification was weak and potentially influenced by prior publicity, the judge gave strong directions warning the jury of its dangers, the identification was not so unreliable or unfairly prejudicial as to require exclusion, and there was sufficient independent evidence (fingerprint) to render the conviction safe.
24 Apr 1987

THE QUEEN v. SUEN KAI MING AND OTHERS

Citation

THE QUEEN v. SUEN KAI MING AND OTHERS
Court

Court of Appeal
Case number

CACC319/1986

The trial judge did not misapply principles in admitting D1's confession and the conviction and sentence for D1 and the convictions and sentences for D4 stand; however the trial judge misapprehended and undervalued medical evidence in D3's voir dire (making self‑infliction unduly probable), so D3's confessional evidence was unsafe and convictions on counts 8 and 9 must be quashed. Sentences adjusted: D2 reduced on appeal to 11 years concurrent; D3's remaining conviction sentence reduced to 9 years; other sentences upheld.
11 Aug 1975

WONG SHING @ WONG MING v. THE QUEEN

Citation

WONG SHING @ WONG MING v. THE QUEEN
Court

Court of Appeal
Case number

CACC431/1975

The court held that the Home Office Circular is guidance only and does not make a parade with two suspects automatically fatal; on the facts the parade had sufficient actors and the witnesses' confident identifications rendered the evidence safe and there was no miscarriage of justice, so conviction and the five year sentence were to be affirmed.
29 Feb 1972

HO CHEUNG ALIAS HO SHU CHEUNG ALIAS HO WAH v. THE QUEEN

Citation

HO CHEUNG ALIAS HO SHU CHEUNG ALIAS HO WAH v. THE QUEEN
Court

Court of Appeal
Case number

CACC984/1971

The convictions were upheld because identification evidence together with the appellant's cautioned statements and other evidence supplied a sufficient factual basis for the jury to convict for robbery and, alternatively, for murder based on common intention; the trial judge's directions were adequate and there was no obligation to leave manslaughter given the defence put and forensic evidence.