Hong Kong Case Law: Decisions & Judgments

Topic

Propensity

Legal area

Court

29 Apr 2005

HKSAR v. TING KWOK BUN

Citation

HKSAR v. TING KWOK BUN
Court

Court of First Instance
Case number

HCMA41/2005

The Magistrate accepted the complainant's evidence that the appellant deliberately squeezed her buttock with all fingers for 1-2 seconds, concluded that the act could not have been accidental, and was satisfied beyond reasonable doubt that the assault was indecent and intentional; the appeal court found the Magistrate properly considered accident, intent and propensity and thus dismissed the appeal.
31 Jul 1998

HKSAR v. TONG YUNG EDDIE

Citation

HKSAR v. TONG YUNG EDDIE
Court

Court of First Instance
Case number

HCMA253/1998

The magistrate properly took the appellant's good character and defence witness evidence into account but, on the totality of the prosecution evidence including an eyewitness Acting Chief Inspector, had compelling reasons to reject the appellant's account; the conviction was therefore safe and the appeal must be dismissed.
24 Sept 1997

HKSAR v. WONG WAI YEE

Citation

HKSAR v. WONG WAI YEE
Court

Court of First Instance
Case number

HCMA840/1997

The magistrate, having chosen to deal with the appellant's good character, failed to consider and record its effect on her credibility (the credibility limb) and foreshadowed a pre-judged conclusion at the witness's evidence, thereby closing his mind on the issue; this procedural failure rendered the conviction unsafe and warranted quashing the conviction and setting aside the fines and costs.

Hong Kong Case Law

HKSAR v. TING KWOK BUN

HKSAR v. TONG YUNG EDDIE

HKSAR v. WONG WAI YEE