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Hong Kong Case Law

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Criminal law [2019] HKCA 869

HKSAR v. CHAN ERNEST

Leave to appeal against a drug-trafficking conviction was refused. The judge held there was no arguable basis for the Mushtaq, silence, or s 65B complaints.

  • Confession and voluntariness
  • Mushtaq direction
  • Record of interview
  • Adverse inference from silence
  • Section 65b criminal procedure ordinance
  • Expert evidence
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Criminal law HKSAR v. U (A Minor)

HKSAR v. U (A Minor)

Appeal against conviction for indecent assault dismissed. The court held the magistrate properly treated recent complaint, distress evidence, and the defence of accidental touch.

  • Indecent assault
  • Recent complaint
  • Victim distress
  • Credibility assessment
  • Berrada directions
  • Record of interview
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Criminal law HKSAR v. CHEN PING FENG

HKSAR v. CHEN PING FENG

Appeal from conviction and sentence for trafficking in methamphetamine was dismissed. The Court upheld the jury verdict and the 14-year sentence.

  • Trafficking
  • Jury conduct/somnolence
  • Record of interview
  • Accomplice evidence
  • Ineffective assistance of counsel
  • Appeal against conviction
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Criminal law HKSAR v. MOHAMMED SALEEM

HKSAR v. MOHAMMED SALEEM

The Court of Appeal dismissed leave to appeal, holding the trial judge was entitled to qualify a good character direction by reference to admitted dishonest conduct.

  • Attempted drug trafficking
  • Ketamine
  • Good character direction
  • Credibility and propensity
  • Controlled delivery
  • False identity
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Criminal law HKSAR v. CAUILAN, ELENA B

HKSAR v. CAUILAN, ELENA B

The High Court allowed a magistracy appeal against a theft conviction, holding the evidence did not exclude reasonable carelessness and that the CCTV issue did not justify a stay.

  • Theft
  • Shoplifting
  • Burden and standard of proof
  • Record of interview
  • Cctv destruction
  • Costs sanctions
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Criminal law HKSAR v. POON KA WING

HKSAR v. POON KA WING

High Court appeal allowed where the magistrate failed to consider the exculpatory part of a mixed statement. Conviction and sentence were set aside; no retrial ordered.

  • Appeal against conviction
  • Record of interview
  • Retrial
  • Sentencing
  • Costs
  • Appeal-against-conviction
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Criminal law HKSAR v. LEE YORK SING

HKSAR v. LEE YORK SING

The High Court dismissed a trafficking conviction appeal but reduced sentence from 15 to 10 months, finding the appellant’s admissions supported the conviction.

  • Trafficking
  • Admissions
  • Record of interview
  • Evidentiary rulings
  • Safety of conviction
  • Record-of-interview
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Criminal law R. v. WONG KI MING

R. v. WONG KI MING

Appeal dismissed in a magistracy conviction appeal concerning conspiracy to keep a vice establishment. The court upheld the magistrate’s reliance on identification and the record of interview.

  • Conspiracy
  • Identification evidence
  • Record of interview
  • Corroboration
  • Credibility of prosecution witness
  • Identification-evidence
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Hong Kong decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.