Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Prevention of burial
  • 11 Aug 1992

    R. v. PATRICK DAVID WONG AND ANOTHER

    Citation
    R. v. PATRICK DAVID WONG AND ANOTHER
    Court
    Court of Appeal
    Case number
    CACC433/1990

    The trial judge's direction on lies was ambiguous and could have led the jury, in a circumstantial case heavily reliant on alleged untruths, to treat lies as sufficient proof of guilt; because the jury were not warned that lies might be prompted by a desire to protect another, the convictions were unsafe and must be quashed and retrials ordered; fresh evidence was not admitted on appeal and retrial was appropriate given the strength of the case and public interest.