8 May 2002
HKSAR v. TAM KING HON
- Citation
- HKSAR v. TAM KING HON
- Court
- Court of Appeal
- Case number
- CACC31/2001
Although the trial judge made a material misdirection by suggesting the prosecution's burden was 'not as high as' some hypothetical higher state of sureness, the summing up otherwise clearly and repeatedly directed the jury correctly on the burden of proof, the evidence (including admissions and co-accused testimony) was overwhelming, and therefore under the proviso s.83(1) no miscarriage of justice occurred; convictions were upheld. On sentencing the court accepted the overall approach but reduced individual concurrent sentences to align with Lau Tak Ming guidelines while preserving totality…