Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Material irregularity in trial

Legal area

Court

25 Aug 2000

HKSAR v. LI KWOK PANG AND OTHERS

Citation

HKSAR v. LI KWOK PANG AND OTHERS
Court

Court of First Instance
Case number

HCMA174/2000

Failure by the prosecution to disclose relevant previous convictions of PW1 was a material irregularity because it deprived the defence of the opportunity to place PW1's character in issue and could have influenced the magistrate's assessment of the credibility of both prosecution witnesses; therefore the convictions were unsafe and must be quashed and a retrial ordered.
1 May 1998

HKSAR v. CHAN CHEUNG CHOR

Citation

HKSAR v. CHAN CHEUNG CHOR
Court

Court of Appeal
Case number

CACC441/1997

Convictions were quashed because the trial judge impermissibly relied on notebook entries and passages that were not admitted in evidence and which the defence had no opportunity to address, creating a material irregularity; the appellate court was not satisfied that the convictions were inevitable absent that irregularity and therefore refused to apply the proviso, allowed the appeal and quashed the convictions.
6 Nov 1990

THE QUEEN v. WONG YUK LAM AND OTHERS

Citation

THE QUEEN v. WONG YUK LAM AND OTHERS
Court

Court of First Instance
Case number

HCMA469/1990

The failure to disclose relevant prior convictions of prosecution witnesses deprived the court of material evidence affecting credibility; because the Crown did not resist the appeal and a miscarriage of justice could not be excluded the convictions were quashed.