Hong Kong Case Law: Decisions & Judgments

Topic

Uncorroborated testimony

Legal area

Court

21 Jun 1999

HKSAR v. WONG TSIU KEN

Citation

HKSAR v. WONG TSIU KEN
Court

Court of First Instance
Case number

HCMA736/1998

The magistrate correctly evaluated the evidence, properly used the mother's testimony only for consistency, did not impose any burden of proof on the appellant, was entitled to prefer the child's uncorroborated testimony after observing demeanour, and the six month immediate custodial sentence was within discretion and not manifestly excessive; therefore the convictions and sentence stand.
5 Mar 1997

LAI CHI PON v. TOTO STEEL & IRON WORKS LTD. and Others

Citation

LAI CHI PON v. TOTO STEEL & IRON WORKS LTD. and Others
Court

Court of First Instance
Case number

HCPI1149/1995

On the uncontested evidence of the Plaintiff, corroborated by the factory inspector and contradicted documentary statements likely made to procure insurance cover, the true employer was the 3rd Defendant (Mr Yeung); therefore legal characterisation of employment follows the factual reality of payment, recruitment and control, not the formal statements by the 1st Defendant.
7 May 1995

R. v. NG WING FAI

Citation

R. v. NG WING FAI
Court

Court of Appeal
Case number

CACC705/1995

The trial judge's acceptance of the child's evidence on the first charge was properly based on demeanour and credibility findings; there was no basis for appellate interference with the conviction or with the 15 month sentence; acquittals on the other counts were justified because the evidence was too general.
24 Aug 1993

R. v. LEE TAK CHUNG

Citation

R. v. LEE TAK CHUNG
Court

Court of Appeal
Case number

CACC389/1992

The Court allowed the appeal and quashed the convictions because the trial judge, while generally entitled to prefer the complainant on demeanour, failed to properly evaluate material corroborative defence evidence (the wife's testimony about the new $1,000 note and the complainant's demeanour at a family outing) and thereby rendered the convictions unsafe and unsatisfactory.
30 Dec 1986

THE QUEEN v. TO HAK KIM

Citation

THE QUEEN v. TO HAK KIM
Court

Court of Appeal
Case number

CACC341/1986

The trial judge's credibility findings were supported by the evidence and the judge properly applied warnings about uncorroborated child sexual evidence; therefore the Court of Appeal will not interfere and refuses leave to appeal against conviction and sentence.

Hong Kong Case Law

HKSAR v. WONG TSIU KEN

LAI CHI PON v. TOTO STEEL & IRON WORKS LTD. and Others

R. v. NG WING FAI

R. v. LEE TAK CHUNG

THE QUEEN v. TO HAK KIM