Hong Kong Case Law: Decisions & Judgments

Topic

Jury directions on lies

Legal area

Court

3 Jan 2002

HKSAR v. LI CHI HO

Citation

HKSAR v. LI CHI HO
Court

Court of Appeal
Case number

CACC147/2001

The judge fairly and properly summed up and, although an initial lies direction was erroneous, she unequivocally corrected it in conformity with Mo Shiu Shing; the Admitted Facts were appropriate and justified by produced video and the applicant's own evidence; sentencing correctly combined total heroin weight (3,013.37 g) per established guidelines and the 23-year concurrent sentences were not manifestly excessive; accordingly leave to appeal against conviction and sentence was refused.
3 Dec 1998

HKSAR v. KWAN CHAK SING

Citation

HKSAR v. KWAN CHAK SING
Court

Court of Appeal
Case number

CACC457/1997

The Court found that the undisclosed immigration records were not material on a sensible appraisal and their non-disclosure did not constitute a material irregularity; the judge's directions on lies were proper because deliberate lies on material issues may be considered as evidence of guilt; the confessional statements were properly admitted (ground abandoned) and, on the totality of evidence, the conviction was safe and the application for leave to appeal was dismissed.
16 Apr 1997

R. v. NG CHI WAI AND ANOTHER

Citation

R. v. NG CHI WAI AND ANOTHER
Court

Court of Appeal
Case number

CACC346/1996

The Court held the summing-up, taken as a whole, was adequate: the confessions, though not express 'full confessions', when combined with the undercover officer's evidence and exhibits justified conviction; the lies direction, while unnecessary in isolation, did not mislead the jury; the acquittal of the third accused did not make the 2nd applicant's conviction inconsistent; and the 1st applicant's sentence was not manifestly excessive — accordingly the appeals were dismissed and sentence upheld.
10 Oct 1995

R. v. CHIANG MING WAI

Citation

R. v. CHIANG MING WAI
Court

Court of Appeal
Case number

CACC149/1995

The court refused leave to appeal, holding the trial judge correctly admitted the record of interview based on his voir dire findings and that the judge's direction on lies was necessary and adequate: lies alone do not constitute proof of guilt and only if the jury are sure the lies were not for an innocent reason can they support a conviction.
7 Apr 1995

R. v. Cheng Shui

Citation

R. v. Cheng Shui
Court

Court of Appeal
Case number

CACC299/1994

Because the Crown was permitted to call extensive rebuttal evidence aimed solely at impeaching the appellant's credibility and the trial judge failed to give a clear direction on how the jury should treat lies, there was a real danger the jury equated lying with guilt; the convictions were therefore unsafe and were quashed with no retrial ordered.
22 Feb 1995

R v. MOK LUN

Citation

R v. MOK LUN
Court

Court of Appeal
Case number

CACC502/1993

The failure to give a Lucas direction when the prosecution relied on alleged lies as evidence of guilt was an error of law that could not be cured on these facts by the strength of the other evidence or by application of the proviso; the conviction on Count 2 must be quashed and a new trial ordered.
21 Feb 1995

R. v. LI KWOK

Citation

R. v. LI KWOK
Court

Court of Appeal
Case number

CACC74/1994

The convictions were upheld because the jury could reasonably and coherently accept the applicant's admissions as relating to counts 4 and 6 while rejecting them as to counts 1 and 2 given material differences and vagueness; the trial judge properly exercised discretion to permit cross-examination on prior convictions under s.54(1)(f)(ii); the flawed sentence on lies in the summing-up was, in context, not prejudicial and any defect was harmless, so the convictions were not unsafe.
14 Dec 1993

THE QUEEN v. WONG KIM WAH AND ANOTHER

Citation

THE QUEEN v. WONG KIM WAH AND ANOTHER
Court

Court of Appeal
Case number

CACC258/1993

The conviction was quashed because the trial judge's favourable comments about police and the manner in which he directed the jury on the allegations of police misconduct risked prejudicing the jury and rendered the conviction unsafe; accordingly leave to appeal was allowed and a retrial on a fresh indictment was ordered.
30 Mar 1993

R. v. MAN BING CHOU

Citation

R. v. MAN BING CHOU
Court

Court of Appeal
Case number

CACC383/1990

The trial judge's direction that lies 'would be evidence going to proof of' guilt was a misdirection, but given the jury's acceptance that the defendant's innocent explanation was a lie, the presence of inculpatory statements and clear forensic evidence of deliberate arson, the misdirection did not render the convictions unsafe; leave to appeal was granted but the appeal dismissed and convictions affirmed.