Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Misdirection by judge

  • 9 Mar 2011

    HAU TUNG YING AND ANOTHER v. HKSAR

    Citation
    HAU TUNG YING AND ANOTHER v. HKSAR
    Court
    Court of Final Appeal
    Case number
    FACC2/2010

    The conspiracy convictions were quashed because the judge widened the prosecution case to include the thefts without giving defendants the opportunity to address this new basis, producing a material irregularity and unfair trial; however, because the judge's findings on the theft charges were supported by properly admitted evidence and were essential to his reasoning, the Court exercised its discretion under s.83A CPO to substitute convictions on the four theft charges and to sentence each appellant to four years' imprisonment on each theft count to run concurrently with credit for time alrea…

  • 26 Jan 2007

    HKSAR v. LEUNG WAI HUNG

    Citation
    HKSAR v. LEUNG WAI HUNG
    Court
    Court of Appeal
    Case number
    CACC52/2006

    The private communication to the jury via the usher and the judge's unsignalled oral reply in circumstances where the jury requested a copy of the summing-up (a matter touching the merits) constituted a material irregularity because counsel were denied the opportunity to be informed and to make submissions and because the reply was not in open court; coupled with inappropriate direction that telephone calls and lies could stand independently of the accomplice's testimony and the absence of an express direction that no adverse inference should be drawn from the applicant's silence, the convict…

  • 17 Aug 1984

    THE QUEEN v. TAM KIM-HUNG

    Citation
    THE QUEEN v. TAM KIM-HUNG
    Court
    Court of Appeal
    Case number
    CACC175/1984

    The judge erred in treating the absence of targeted cross-examination and the repetition of a witness's account at separate trials as strengthening the witness's truthfulness; that misdirection could have affected the verdict, so the conviction was quashed and the sentence set aside with a new trial to be offered to the prosecution.