Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Retrial refusal

  • 17 Dec 2004

    LEE FUK HING v. HKSAR

    Citation
    LEE FUK HING v. HKSAR
    Court
    Court of Final Appeal
    Case number
    FACC7/2004

    The summing-up contained three cumulatively prejudicial failures: (1) a misdirection that put police witnesses in a specially credible category, (2) flawed directions inviting the jury to choose between prosecution and defence without instructing how to treat defence evidence that might be true and the proper application of the burden of proof, and (3) inadmissible judicial questioning that breached the right to silence and was not effectively cured; these errors rendered the trial unfair and the conviction unsafe, so the appeal is allowed and the conviction quashed.

  • 18 May 1979

    CHAU SAI-LEUNG v. THE QUEEN

    Citation
    CHAU SAI-LEUNG v. THE QUEEN
    Court
    Court of Appeal
    Case number
    CACC339/1979

    Where the record lacks the magistrate's Statement of Findings or reasons and the case turns on conflicting oral testimony, the conviction is unsafe and must be quashed; a retrial need not be ordered if the offence is minor and the Crown's evidence gives little prospect of conviction.