Hong Kong Case Law: Decisions & Judgments

Topic

Summing-up and jury direction

Legal area

Court

10 Apr 1997

THE COMMISSIONER OF POLICE v. THE CORONER OF HONG KONG

Citation

THE COMMISSIONER OF POLICE v. THE CORONER OF HONG KONG
Court

Court of First Instance
Case number

HCMP4499/1996

The coroner misdirected the jury by applying an objective test to the question whether the use of lethal force was reasonable; that misdirection required quashing of the jury's verdict and rider by certiorari; the court will not substitute its own verdict where it cannot be satisfied that only one verdict was open; and whether to order a new inquest is a matter for the coroner under the Coroners Ordinance.
14 Mar 1997

R v. CHAN KANG TO

Citation

R v. CHAN KANG TO
Court

Court of Appeal
Case number

CACC513/1995

The conviction was unsafe and must be quashed because the conspiracy particulars were vague and incomplete, the prosecution led evidence that extended beyond the specific averments in the indictment, and the judge failed to confine the trial and properly direct the jury as to the precise ingredients of the charged conspiracy.
17 Jan 1997

R. v. CHEUNG YUEN CHUNG and Another

Citation

R. v. CHEUNG YUEN CHUNG and Another
Court

Court of Appeal
Case number

CACC87/1996

The court held the cautioned statements were admissible and voluntary but concluded the trial judge's summing-up contained inaccuracies and failures to sufficiently alert the jury to inconsistencies in the complainant's evidence as to the 1st applicant's presence, producing a lurking doubt about the safety of that conviction; accordingly the 1st applicant's conviction was quashed while the 2nd applicant's conviction was upheld.

Hong Kong Case Law

THE COMMISSIONER OF POLICE v. THE CORONER OF HONG KONG

R v. CHAN KANG TO

R. v. CHEUNG YUEN CHUNG and Another