Hong Kong Case Law: Decisions & Judgments

Topic

Inference drawing

Legal area

Court

25 Jan 2024

香港特別行政區訴梁偉堂

Citation

[2024] HKCFI 289
Court

Court of First Instance
Case number

HCMA249/2023

The conviction was unsafe because the trial judge gave absolute weight to prosecution testimony which the appellate court found unreliable on key points and failed to properly consider alternative reasonable inferences from the circumstantial evidence; because a reasonable account consistent with innocence existed, guilt was not the only irresistible inference and the conviction was therefore quashed.
6 Dec 2022

HKSAR v. HUSSAIN SAJJAD

Citation

[2022] HKCFI 3613
Court

Court of First Instance
Case number

HCMA93/2022

The appeal was dismissed because the High Court found the magistrate's credibility findings were not plainly wrong and that the accepted prosecution evidence—taken with the appellant's conduct and possession/use of the keys—was sufficient to establish beyond reasonable doubt that the appellant was taking up employment while subject to a removal order.
24 Sept 2015

香港特別行政區訴秦國榮

Citation

香港特別行政區訴秦國榮
Court

Court of First Instance
Case number

HCMA391/2015

The conviction was upheld because the trial judge reasonably and lawfully accepted the sole prosecution witness's evidence, made proper findings on credibility within his advantage of seeing and hearing the witness, and committed no misdirection or omission sufficient to render the conviction unsafe; a sole credible witness can support conviction.
12 Sept 2008

HKSAR v. LO HON MING AND OTHERS

Citation

HKSAR v. LO HON MING AND OTHERS
Court

Court of Appeal
Case number

CACC107/2007

The Court held that the trial judge's use of the phrase "reasonably possible" as part of an illustration of common sense was not objectionable and did not undermine the prosecution's burden; the judge properly handled the accused's refusal to answer after confirming the accused understood consequences; the medical evidence did not support allegations of police brutality and therefore confessions were rightly admitted as voluntary; consequently the applicants' grounds failed and the appeals were dismissed (leave refused out of time for D3).
30 Aug 1996

R. v. CHUNG WING PIU

Citation

R. v. CHUNG WING PIU
Court

Court of First Instance
Case number

HCMA353/1996

The magistrate accepted the police officer's evidence as truthful and concluded on the evidence that the packet found on Ho was the packet supplied by the appellant; because that conclusion was the only reasonable inference, the conviction was upheld and the appeal dismissed.

Hong Kong Case Law

香港特別行政區 訴 梁偉堂

HKSAR v. HUSSAIN SAJJAD

香港特別行政區 訴 秦國榮

HKSAR v. LO HON MING AND OTHERS

R. v. CHUNG WING PIU

香港特別行政區訴梁偉堂

香港特別行政區訴秦國榮