Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Lurking doubt test
  • 7 Jun 2007

    HKSAR v. YEUNG WAI YIN

    Citation
    HKSAR v. YEUNG WAI YIN
    Court
    Court of First Instance
    Case number
    HCMA443/2007

    Although the magistrate made careful credibility findings in favour of the prosecution witnesses, the appellate judge was left with a real lurking doubt given the appellant's good character, available cash, evidence about Marks & Spencer vouchers and IKEA receipt, and the improbability of concealing goods in a transparent bag; accordingly the conviction could not be safely sustained and the appeal was allowed.