Hong Kong Case Law: Decisions & Judgments

Topic

Summing-up to jury

Legal area

Court

17 May 2022

HKSAR v. CHU KAR KEET

Citation

[2022] HKCA 590
Court

Court of Appeal
Case number

CACC284/2019

The Court held that prosecuting counsel’s remarks about the appellant’s homelessness, given knowledge of agreed redactions, amounted to a material irregularity, but applying the proviso the conviction was upheld because the admissible evidence was overwhelming and a reasonable properly instructed jury would inevitably have convicted; the trial judge’s summing‑up taken as a whole was fair and did not render the conviction unsafe; renewal of leave on Ground 2 refused.
16 May 2022

HKSAR v. POSSO VERGARA CRISTHIAN ENRIQUE

Citation

[2022] HKCA 690
Court

Court of Appeal
Case number

CACC373/2018

The Court refused the certificate because the mandatory-status point was not the point advanced or involved in the appeal; specimen directions are guidance not compulsory, and in the circumstances the judge's summing-up adequately guarded against any adverse use of the applicant's silence, so no general legal point of great and general importance arose warranting a certificate.
11 Feb 2022

HKSAR v. HUANG RUIFANG

Citation

[2022] HKCA 108
Court

Court of Appeal
Case number

CACC330/2018

The appeal succeeded because the trial judge did not fairly and properly put the defence case (notably the contextual significance of the slippers video and the full WeChat communications) to the jury; that omission, together with inaccurate comments on material evidence, deprived the jury of an adequate opportunity to consider the defence and amounted to a miscarriage of justice warranting quashing of the conviction, setting aside the sentence and ordering a retrial.
30 Aug 2019

HKSAR v. LAU CHUN SHU

Citation

[2019] HKCA 821
Court

Court of Appeal
Case number

CACC138/2018

The judge's summing-up was a proper, balanced exposition of the prosecution and defence cases supported by evidence and not a second prosecution address; the appellant's sole remaining ground was totally devoid of merit; leave to appeal was refused and the appeal dismissed; having regard to the plain lack of merit, prior similar conduct and relevant authorities the Court exercised its discretion under s83W to order that two months of custody pending appeal be excluded from reckoning as part of the sentence.
30 Jan 2013

HKSAR v. KWOK KIN MING

Citation

HKSAR v. KWOK KIN MING
Court

Court of Appeal
Case number

CACC115/2012

The court found no impropriety or unfairness in the police officer remaining in court, the admissions were properly admitted after the voir dire and supported the prosecution case, the telephone evidence was consistent with the admissions, the applicant's allegations of record alteration and planting of evidence were known to the jury and did not render the conviction unsafe, and the trial judge's summing-up was fair; therefore the application for leave to appeal against conviction was refused.
16 Jan 2013

HKSAR v. CHIU KIN SHING

Citation

HKSAR v. CHIU KIN SHING
Court

Court of Appeal
Case number

CACC96/2012

The court held there was no error in the trial judge's rulings: the oral admission at the scene and the two video-recorded interviews were voluntary and admissible; exclusion of the post-record was a proper exercise of residual discretion given procedural defects; the judge properly assessed credibility issues (including the Pol-153 alterations) and her summing-up was balanced and adequate; omissions such as failing to mention the unexplained '1749' notation were immaterial and could not have assisted the defence; the standard direction regarding the accused not giving evidence was correct. A…
16 Jul 1997

HKSAR v. LAM LUN KEI

Citation

HKSAR v. LAM LUN KEI
Court

Court of Appeal
Case number

CACC506/1996

Leave to appeal was refused because there were no arguable grounds: defence counsel acted properly within instructions, the summing-up sufficiently presented the expert's limitations and defence, and the cumulative circumstantial evidence supported the convictions in absence of any explanation.
30 Apr 1997

R v. LAM WAI HANG

Citation

R v. LAM WAI HANG
Court

Court of Appeal
Case number

CACC431/1996

On the evidence the trial judge correctly found the challenged statements and confessions admissible: the Crown disproved such taint as affected the relevant statements, the judge's interventions were neutral and within his duty to elicit overlooked material, and exceptional circumstances justified calling a witness; accordingly leave to appeal is dismissed and convictions stand.
27 Jun 1986

THE QUEEN v. LEUNG KEUNG TAI

Citation

THE QUEEN v. LEUNG KEUNG TAI
Court

Court of Appeal
Case number

CACC120/1986

When the summing-up is read as a whole the trial judge adequately and fairly dealt with the matters raised by the defence; the criticisms did not establish any miscarriage of justice and the application for leave to appeal must be refused.
29 May 1975

CHAN YING-HING (FEMALE) AND ANOTHER v. THE QUEEN

Citation

CHAN YING-HING (FEMALE) AND ANOTHER v. THE QUEEN
Court

Court of Appeal
Case number

CACC274/1975

The court found the summing-up directions concerning constructive possession were inadequate and therefore granted leave to appeal and ordered the case remitted for retrial.