Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Recent possession inference

  • 28 Jul 2016

    HKSAR v. MUGHAL ZIAUR REHMAN

    Citation
    HKSAR v. MUGHAL ZIAUR REHMAN
    Court
    Court of First Instance
    Case number
    HCMA342/2016

    Given the recent possession within two to three hours of the theft, the concealment and separation of the bank cards and coupons in the appellant's sleeve apart from the rucksack, and the material discrepancies in the defendants' accounts, the only irresistible inference was that the appellant knowingly received stolen property; the magistrate's credibility findings were sound and the conviction for handling stolen goods is upheld.

  • 22 Jul 1999

    HKSAR v. LAU TAI HEUNG

    Citation
    HKSAR v. LAU TAI HEUNG
    Court
    Court of Appeal
    Case number
    CACC54/1999

    Conviction: the court held that the appellant's recent possession of an item positively identified by the robbery victim, in the context of the circumstances of arrest and possession of multiple stolen items, justified the inference of participation and the conviction was safe. Sentence: where the appropriate sentence after discount is at or near the District Court jurisdictional maximum of seven years, a meaningful discount must be given from that maximum to reflect guilty pleas; the District Court judge erred in failing to give such discount resulting in an excessive aggregate, and the 8-mo…

  • 19 Mar 1998

    HKSAR v. WONG CHONG KAI

    Citation
    HKSAR v. WONG CHONG KAI
    Court
    Court of Appeal
    Case number
    CACC551/1997

    The Court held that taken together the surrounding circumstances — false and inconsistent shipping descriptions, instruction to describe contents as "auto parts", use of a chop for a non-existent company, the appellant's continued control and instructions regarding the container and its relocation to an insecure roadside near the border, and the recent thefts in Taiwan — legitimately supported the inference that the appellant knew or believed the vehicles to be stolen when he received the container on or about 12 December 1996; the doctrine of recent possession applies even where goods remain…

  • 16 Nov 1995

    R. v. KWAN WAI-HUNG & OTHER

    Citation
    R. v. KWAN WAI-HUNG & OTHER
    Court
    Court of Appeal
    Case number
    CACC143/1995

    The conviction of D3 could not stand because the trial judge was wrong to hold that the only possible inference from recent possession and the surrounding circumstances was that the defendant knew the goods were stolen; an alternative and at least equally likely inference of knowledge that the goods were smuggled existed, so the conviction was quashed and the applicant discharged. Separately, the two-year sentence for D1 was appropriate and, when ordered consecutive to the existing six-year robbery sentence, produced an overall totality (eight years) that the Court would not disturb.

  • 5 Sept 1991

    THE QUEEN v. NGUYEN VAN-HUY

    Citation
    THE QUEEN v. NGUYEN VAN-HUY
    Court
    Court of First Instance
    Case number
    HCMA187/1991

    Court held that (1) the police had reasonable grounds to search the appellant; (2) the appellant's recent possession of stolen goods found shortly after the theft permitted the magistrate to infer his participation in the burglary and sustain the convictions; (3) however the magistrate erred in sentencing by failing to obtain reports for a 19-year-old where a non-custodial option might have been appropriate, requiring reduction of sentence and immediate release.

  • 12 Oct 1990

    THE QUEEN v. FUNG KWOK WAH

    Citation
    THE QUEEN v. FUNG KWOK WAH
    Court
    Court of First Instance
    Case number
    HCMA762/1990

    The magistrate lawfully found DE 7499 to be the stolen DK 9760 based on forensic and eyewitness evidence, rejected the appellant's explanations as untruthful, and rightly inferred guilty knowledge from recent possession and surrounding conduct; conviction was therefore upheld though the sentence was reduced on appeal.

  • 8 Aug 1990

    THE QUEEN v. LEE KIN FAI

    Citation
    THE QUEEN v. LEE KIN FAI
    Court
    Court of Appeal
    Case number
    CACC112/1990

    The trial judge, while entitled to disbelieve the defendant's story, framed the evaluation as if the defendant had to prove his explanation on the balance of probabilities in cases of recent possession; this impermissible appearance of shifting the burden of proof required quashing the conviction for handling even though the evidence might otherwise have supported guilt.

  • 28 Aug 1985

    THE QUEEN v. D.2 CHAN WING-KWAN AND ANOTHER

    Citation
    THE QUEEN v. D.2 CHAN WING-KWAN AND ANOTHER
    Court
    Court of Appeal
    Case number
    CACC121/1985

    The court held that the confessional statements were voluntary and admissible, the separate voir dires caused no miscarriage, particulars as laid and the manner of adducing evidence were sufficient to support a conviction for dishonest receiving/recent possession, the trial judge did not misdirect on burden of proof, and subsequent conduct could legitimately inform inference of knowledge; accordingly convictions were upheld. However the original sentence of 4.5 years on D.3 was manifestly excessive and was reduced to two years imprisonment.

  • 24 Jan 1985

    THE QUEEN v. WONG TIN-SANG

    Citation
    THE QUEEN v. WONG TIN-SANG
    Court
    Court of First Instance
    Case number
    HCMA811/1984

    Conviction on Charge D (handling/receiving stolen goods) was quashed because the magistrate misdirected herself by treating reasonable cause to believe as sufficient; handling stolen goods requires subjective knowledge or belief and an inference from recent possession is permissible only where it is the only reasonable inference and the accused fails to explain or his explanation is disbelieved; the magistrate's misdirection was fatal to the conviction. Convictions on Charges A and B were upheld because the magistrate accepted the police evidence and her credibility findings will not be inter…