Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Inference from recent possession

Legal area

Court

10 Jun 2008

HKSAR v. SIU KIN CHING

Citation

HKSAR v. SIU KIN CHING
Court

Court of Appeal
Case number

CACC54/2007

The trial judge, properly assessing credibility and the inherent improbability of the applicant's explanation given his motor trade experience and the surrounding facts, was entitled to find the applicant knew or believed the vehicle was stolen; there was no basis for the Court of Appeal to overturn those credibility findings and the application for leave was refused.
19 May 1995

R. v. FUNG WAI LEUNG

Citation

R. v. FUNG WAI LEUNG
Court

Court of First Instance
Case number

HCMA109/1995

The conviction was unsafe because the magistrate's inference from possession left two possible distinct findings (that the appellant had taken the vehicle or that he drove it knowing it was stolen) but he failed to elect which limb of s14(1) was proved beyond reasonable doubt; therefore the appeal must be allowed and the conviction quashed, though no retrial was ordered given delay and time already served.