Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Magistrate credibility findings

Legal area

Court

15 Jul 1999

HKSAR v. HO WAI LAP

Citation

HKSAR v. HO WAI LAP
Court

Court of First Instance
Case number

HCMA500/1999

The Magistrate conducted the Thongjai voluntariness inquiry, found both oral and written statements voluntary, properly evaluated credibility and evidence, and his factual conclusion that the appellant sold the drug was supported; no legal or procedural error was identified and the appeal was dismissed.
14 May 1970

LAM LAI ON v. THE QUEEN

Citation

LAM LAI ON v. THE QUEEN
Court

Court of Appeal
Case number

CACC180/1970

The appellate court held the magistrate's acceptance of the prosecution witness's account was supported by the evidence and thus the conviction was safe; contemporaneous demeanour remarks were undesirable but did not establish prejudicial pre-judgment; failure to cross-examine is not an automatic admission; however, sentences for offences arising from the same facts should run concurrently, and the sentence was varied accordingly.