Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Malice aforethought
  • 24 Oct 1974

    KWONG PAK LEUNG AND OTHERS v. THE QUEEN

    Citation
    KWONG PAK LEUNG AND OTHERS v. THE QUEEN
    Court
    Court of Appeal
    Case number
    CACC282/1974

    The convictions of the first and third appellants are safe because the jury could properly infer a common intent from the circumstances and cautioned statements and the trial directions on common intent were adequate; the judge's post‑verdict question to the jury was improper but not fatal to those convictions. The conviction of the second appellant was quashed because there was insufficient evidence that he actively participated in the attack and the verdict against him was unsafe. Sentences of ten years for the first and third appellants were not misdirected or excessive and are upheld.