Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Unanimity
  • 7 Jan 2005

    HKSAR v. CHAN KA MAN

    Citation
    HKSAR v. CHAN KA MAN
    Court
    Court of Appeal
    Case number
    CACC476/2003

    The judge's departure from standard jury directions—using an inappropriate boardroom analogy, exhorting "give and take" and implying that four-three disagreement was unacceptable—created a real risk that jurors abandoned their individual oaths and acquiesced to majority views; accordingly the convictions were unsafe and must be set aside with retrial ordered on specified counts.

  • 6 Aug 1992

    R. v. YEUNG MOK YEH AND ANOTHER

    Citation
    R. v. YEUNG MOK YEH AND ANOTHER
    Court
    Court of Appeal
    Case number
    CACC363/1991

    The trial judge's direction that the jury had to be unanimous in finding not guilty of murder before considering manslaughter was legally incorrect under s.24 of the Jury Ordinance, but the misdirection did not cause a miscarriage of justice because the jury were properly directed on manslaughter and returned unanimous guilty verdicts on the evidence, so the convictions stand.

  • 15 Apr 1986

    THE QUEEN v. LAO KAM FAI

    Citation
    THE QUEEN v. LAO KAM FAI
    Court
    Court of Appeal
    Case number
    CACC420/1985

    The conviction was upheld because the evidence, including the appellant's written and oral admissions that he placed his arm around the victim's neck and rendered her unconscious and other corroborating facts, entitled the jury to find an intent to cause grievous bodily harm, which suffices for murder; the cautioned statement was properly admitted and the summing up and unanimity directions were correct.