28 Oct 2022
RE SECRETARY FOR JUSTICE
- Citation
- [2022] HKCA 1635
- Court
- Court of Appeal
- Case number
- CASJ3/2021
The Court held the three trial rulings were wrongly decided: a judge considering a submission of no case to answer must apply Galbraith as explained in Li Fook Shiu Ronald — consider whether there is evidence of appropriate quality such that a reasonable jury properly directed could, taking the prosecution case at its highest and drawing inferences favourable to the prosecution, properly be satisfied beyond reasonable doubt; a judge must not draw credibility findings or accept defence‑only explanations or hearsay interpretations that usurp the jury’s role unless those explanations are objecti…