Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Majority jury verdicts

Legal area

Court

13 Oct 2004

HKSAR v. CHAU HON KWONG

Citation

HKSAR v. CHAU HON KWONG
Court

Court of Appeal
Case number

CACC234/2004

The guilty verdicts for the 2nd and 3rd charges were quashed because the clerk failed to elicit from the foreman whether those guilty verdicts were unanimous or, if not, by what numerical majority they were reached, creating an ambiguity that vitiates the verdicts; the 1st charge conviction was upheld under the proviso after the applicant admitted possession of all drugs in the particulars of that charge; extension of time and leave to appeal were properly dealt with as set out.
24 Aug 1987

RE PAN CHI KEUNG AND OTHERS

Citation

RE PAN CHI KEUNG AND OTHERS
Court

Court of First Instance
Case number

HCMP1455/1987

The court held that the trial judge's order discharging the accused after the jury's majority 'not guilty' verdicts was a valid High Court order which this court had no jurisdiction to set aside; the judge was functus officio and the proper remedy for any error was by appeal, therefore the subsequent arrests were unlawful and the applicants must be unconditionally discharged (subject to any appellate order).