28 Oct 2022
RE SECRETARY FOR JUSTICE
- Citation
- [2022] HKCA 1635
- Court
- Court of Appeal
- Case number
- CASJ2/2021
The court held the correct test for a submission of no case to answer is the Galbraith test as applied in Attorney General v Li Fook Shiu Ronald: the judge must decide, on prosecution evidence taken at its highest (and excluding defence explanations save insofar as they are objectively incontrovertible), whether a reasonable jury properly directed could, may or might be satisfied beyond reasonable doubt of the required inferences; judges in the three referred cases wrongly accepted or evaluated defence-only explanations and made factual findings thereby usurping the jury, and their rulings of…