Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Sentence: community services order
  • 11 Oct 2000

    HKSAR v. TO FUK WING

    Citation
    HKSAR v. TO FUK WING
    Court
    Court of First Instance
    Case number
    HCMA583/2000

    The appeal is allowed because the conviction was unsafe: the magistrate failed to give adequate reasons for disbelieving the appellant (appearing to rely on an unsupported formula of 'I simply did not believe his evidence'), created the impression of improper reliance on demeanour contrary to guidance that demeanour is a last resort, and failed to give the required corroboration/warning in a pre-30 June 2000 sexual offence trial; cumulatively these defects required quashing the conviction and setting aside sentence.