Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Trial summing-up directions

Legal area

Court

19 Jun 2012

HKSAR v. CHAN WAI HANG

Citation

HKSAR v. CHAN WAI HANG
Court

Court of Appeal
Case number

CACC119/2011

The Court dismissed the applications for leave to appeal conviction and sentence: the summing-up and trial conduct were fair, no prejudicial publicity was demonstrated, the 10-year sentence was not manifestly excessive given the gravity, planning and parasitic exploitation of prior kidnapping trauma, and no specific quantified discount for expeditious trial conduct was warranted beyond modest recognition by the trial judge.
29 Mar 1977

YEUNG YEE-MAN AND ANOTHER v. THE QUEEN

Citation

YEUNG YEE-MAN AND ANOTHER v. THE QUEEN
Court

Court of Appeal
Case number

CACC1316/1976

Section 45 presumption establishes a prima facie inference that a person found in premises where a dangerous drug is being manufactured was engaged in manufacture or preparatory acts, but it does not establish knowledge of the nature of the substance; knowledge must be proved independently. Applying that principle, the first appellant's conviction and nine‑year sentence were upheld because independent evidence supported knowledge; the second appellant's conviction was unsafe because of misdirection and unreliable mask evidence, and was therefore quashed.