Hong Kong Case Law: Decisions & Judgments

Topic

Undercover police evidence

Legal area

Court

27 Jun 2017

香港特別行政區訴宋紅梅及另一人

Citation

香港特別行政區訴宋紅梅及另一人
Court

Court of First Instance
Case number

HCMA324/2016

The court accepted the undercover officers' evidence that the terms used and conduct plainly indicated sexual services for an extra $200, that the premises (three small rooms with showers and massage beds, no licence) were used wholly or mainly for prostitution, that the first appellant managed the premises and the second appellant assisted management by receiving customers, performing massages and helping with room preparation and money, therefore both convictions were safe; sentencing: first appellant's 10 weeks imprisonment was upheld; second appellant's 8 weeks imprisonment was modified t…
17 Feb 2015

HKSAR v. WONG KAM KEUNG

Citation

HKSAR v. WONG KAM KEUNG
Court

Court of Final Appeal
Case number

FAMC62/2014

The court refused leave to appeal because the acquittal in ESCC 3219/2013 did not contain a finding that the undercover witness had lied and, read fairly, reflected reasonable doubt rather than a finding of untruth; that acquittal would not have had a material impact on the assessment of PW1's veracity in the instant case and Deputy Judge McMahon's refusal to admit it on appeal did not produce a substantial and grave miscarriage of justice; the magistrate's acceptance of PW1's credibility and identification evidence was plainly right and within discretion under the principles in Kong Wai Lun…
14 Mar 2011

HKSAR v. LAU HON KEUNG

Citation

HKSAR v. LAU HON KEUNG
Court

Court of Final Appeal
Case number

FAMC41/2010

The application for leave was dismissed because the Court of Appeal's narrow, fact-specific conclusion that Charges 4 and 7 were supported by untainted evidence on which a properly directed jury could convict was a lawful interlocutory decision; the issue did not raise a question of law of great and general importance nor a departure from legal norms causing substantial and grave injustice.
29 Jan 2010

HKSAR v. TANG WING SZE AND OTHERS

Citation

HKSAR v. TANG WING SZE AND OTHERS
Court

Court of First Instance
Case number

HCMA477/2007

Because recordings and a related District Court ruling seriously undermined the credibility of the undercover officers whose evidence the convictions depended on, the prosecution conceded and the court found the convictions unsafe; accordingly the convictions were quashed, charges dismissed and sentences set aside.
22 Nov 2001

HKSAR v. FU MING YUNG & OTHERS

Citation

HKSAR v. FU MING YUNG & OTHERS
Court

Court of Appeal
Case number

CACC133/2001

The convictions were upheld because the trial judge properly assessed the totality of PW12's largely unchallenged evidence and credibility; a single mistaken identification did not undermine that credibility; where a triad call-out was proved, attendance and lack of innocent explanation supported an inference of acting as a triad member.
16 Jan 1998

WOO LAI WING v. HKSAR

Citation

WOO LAI WING v. HKSAR
Court

Court of Final Appeal
Case number

FAMC10/1997

The applicant failed to discharge the heavy burden of showing substantial and grave injustice; the evidence against him was strong and there was no necessary inconsistency between his conviction and the acquittal of the third accused. The application for extension of time is refused and, on the merits, leave would have been refused.
13 Apr 1995

R. v. NG KAR CHUNG

Citation

R. v. NG KAR CHUNG
Court

Court of Appeal
Case number

CACC588/1994

The trial judge's unchallenged finding that PW1 was credible and that PW1's evidence established beyond reasonable doubt that the applicant acted in concert to commit blackmail justified refusal of leave to appeal.

Hong Kong Case Law

香港特別行政區 訴 宋紅梅及另一人

HKSAR v. WONG KAM KEUNG

HKSAR v. LAU HON KEUNG

HKSAR v. TANG WING SZE AND OTHERS

HKSAR v. FU MING YUNG & OTHERS

WOO LAI WING v. HKSAR

R. v. NG KAR CHUNG

香港特別行政區訴宋紅梅及另一人