Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Summing up adequacy

  • 11 Jan 2018

    HKSAR v. YUEN CHEUNG MING, LEON

    Citation
    [2018] HKCA 13
    Court
    Court of Appeal
    Case number
    CACC429/2015

    The appeal was allowed because the judge materially erred in his summing up by failing to remind the jury of undisputed evidence from the applicant and PC33627 about the presence of uniformed officers distributing leaflets and the applicant's knowledge of that presence; that evidence was salient to the defence and relevant to the proper drawing of inferences as to knowledge and intent, the omission was material and the proviso was not appropriate, so the conviction was quashed and a retrial ordered.

  • 15 Aug 1986

    THE QUEEN v. YU KWOK HING

    Citation
    THE QUEEN v. YU KWOK HING
    Court
    Court of Appeal
    Case number
    CACC153/1986

    Although the trial judge's directions on possession and the statutory presumptions were verbose and contained deficiencies and the defence could have been presented in greater detail, the summing up as a whole did not materially inhibit the jury from properly evaluating the defence or the issues and did not result in a miscarriage of justice; therefore leave to appeal was granted but the appeal was dismissed.