Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Interview evidence

Legal area

Court

25 Jun 2019

HKSAR v. SHAIK ABDUL ARSHAD

Citation

[2019] HKCA 729
Court

Court of Appeal
Case number

CACC308/2018

Given the compelling primary facts (drugs and paraphernalia found in the applicant's room and keys on his person) and the trial judge's reasoned rejection of the applicant's exculpatory video interview, it was open to the judge to infer possession; there was no error in the judge's reasoning and the conviction was not unsafe, so leave to appeal was correctly refused.
11 Jun 2010

HKSAR v. TRAN QUI ANN-SANDRA

Citation

HKSAR v. TRAN QUI ANN-SANDRA
Court

Court of First Instance
Case number

HCMA955/2009

The Magistrate misapprehended the record of interview by treating it as inculpatory on the crucial issue of knowledge when read fairly it did not amount to an admission that the appellant knew the drugs were in her pocket; because the conviction was not inevitable on the circumstantial evidence and the interview was wrongly relied upon, the conviction could not stand.