Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Refusal to provide specimen

Legal area

Court

8 Dec 2005

HKSAR v. LAI LEUNG YUK

Citation

HKSAR v. LAI LEUNG YUK
Court

Court of First Instance
Case number

HCMA1165/2005

The magistrate, having evaluated credibility and accepted the prosecution witnesses and medical/documentary evidence, permissibly found the appellant refused to submit a blood specimen and that her stated reason (that drawing blood was bad for her health) was not a reasonable excuse; accordingly the conviction was upheld and the appeal dismissed.
27 Nov 2001

HKSAR v. SUNG SZE YAT, KENNETH

Citation

HKSAR v. SUNG SZE YAT, KENNETH
Court

Court of First Instance
Case number

HCMA772/2001

The appeal was dismissed because the magistrate's acceptance of the prosecution witnesses' evidence — that PC48840 warned the appellant and the appellant then refused to provide a breath specimen as evidenced by the appellant's conduct — was supported by the record; inconsistencies were considered and did not render the conviction unsafe.