Hong Kong Case Law: Decisions & Judgments

Topic

Triad membership allegation

Legal area

Court

13 Sept 2021

香港特別行政區訴曾友狄

Citation

[2021] HKCA 1320
Court

Court of Appeal
Case number

CACC286/2019

Leave to appeal against conviction was granted only on ground two because there was a legitimate appellate issue concerning the trial judge's handling of the complainant's evidence about the appellant's alleged claim to triad membership and the legal requirement that the organisation named be an active triad in Hong Kong; the other grounds failed because the trial judge's summation and directions about 'Princess', inconsistencies and credibility were adequate and the jury were properly in a position to assess the evidence, making those convictions not manifestly unsafe.
21 Jan 2020

香港特別行政區訴方向

Citation

[2020] HKCA 82
Court

Court of Appeal
Case number

CACC100/2019

The covert video raised sufficient doubt about the safety of the trial judge's credibility findings regarding X and Y to justify granting leave to appeal against conviction; the appeal ground was to be confined to whether the judge's credibility conclusions were safe in light of the video evidence.
30 Sept 2015

香港特別行政區訴馬志強

Citation

香港特別行政區訴馬志強
Court

Court of First Instance
Case number

HCMA218/2015

The appeal was allowed because the magistrate failed to address a material omission (the absence of any contemporaneous complaint to the police that the appellant claimed triad membership), relied on an unsupported and logically irrelevant geographic inference linking 九江街 to the appellant's church to bolster witness credibility, and gave undue favourable treatment to the second witness (including characterising him as "independent" and making encouraging remarks), such that the convictions were rendered unsafe; accordingly all convictions and sentences were quashed without ordering a retrial.
11 Apr 2003

HKSAR v. PO KA LOK

Citation

HKSAR v. PO KA LOK
Court

Court of First Instance
Case number

HCMA969/2002

The conviction was upheld because the magistrate was entitled to accept the victim's identification, conclude the two groups were acting on a common dispute, and infer that the appellant intentionally encouraged the assault by remaining with the group and departing with them; lack of evidence as to specific words or blows meant the first two charges could properly be dismissed while the assault conviction stood.
19 Sept 1997

HKSAR v. NG CHUN HING, GARY and Others

Citation

HKSAR v. NG CHUN HING, GARY and Others
Court

Court of Appeal
Case number

CACC696/1996

The convictions were quashed because credible evidence established that contemporaneous statements were likely made on the morning after the incident and were not disclosed; combined with inconsistencies and the unimpressive/unreliable evidence of the investigating officer, this undermined the safety and reliability of the convictions.
2 Feb 1996

R. v. CHANG HOI TO and Another

Citation

R. v. CHANG HOI TO and Another
Court

Court of First Instance
Case number

HCMA1041/1995

The appeal was allowed because cumulative inconsistencies between PW1's testimony and the medical report, the magistrate's failure to address material contradictions and delays, and the absence of corroboration created a lurking doubt that the convictions were unsafe.
26 Sept 1974

TAM SHINK-LAM v. THE QUEEN

Citation

TAM SHINK-LAM v. THE QUEEN
Court

Court of Appeal
Case number

CACC752/1974

Convictions for defilement (A), alleged Triad membership (B) and living on the complainant's earnings (C) were safe and are upheld; convictions for living on the earnings of Chiu Shuk Ping (D) and blackmail (E) are unsafe because the sole supporting witness's exculpatory evidence was improperly rejected without coherent reasoning and because contradictions and the objective menaces test render the blackmail conviction unsafe, therefore D and E are quashed.

Hong Kong Case Law

香港特別行政區 訴 曾友狄

香港特別行政區 訴 方向

香港特別行政區 訴 馬志強

HKSAR v. PO KA LOK

HKSAR v. NG CHUN HING, GARY and Others

R. v. CHANG HOI TO and Another

TAM SHINK-LAM v. THE QUEEN

香港特別行政區訴曾友狄

香港特別行政區訴方向

香港特別行政區訴馬志強