Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Retrial and proviso

Legal area

Court

22 Mar 2018

HKSAR v. CHUNG YIU LAM

Citation

[2018] HKCA 153
Court

Court of Appeal
Case number

CACC154/2016

The judge's directions risked misleading the jury into thinking that criticised witnesses or police evidence could not constitute direct evidence and mischaracterised key circumstantial facts as direct evidence; that created a real danger the jury misassessed the applicant's testimony and thus the conviction was unsafe, requiring quashing and a retrial.
20 Jan 2014

HKSAR v. USECHE BALANTA RODRIGO

Citation

HKSAR v. USECHE BALANTA RODRIGO
Court

Court of Appeal
Case number

CACC510/2012

The appellant's conviction was quashed because inadmissible hearsay (the co-defendant's video-recorded interview) was improperly placed before the jury as admitted facts and the judge materially misdirected the jury by failing to tell them those assertions were not evidence against the applicant and by inviting adverse inference from the co-defendant's plea and statements; the error was not harmless and warranted quashing and ordering a retrial.