Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Verdict safety

  • 30 Apr 1998

    HKSAR v. YAN CHEUK HONG

    Citation
    HKSAR v. YAN CHEUK HONG
    Court
    Court of First Instance
    Case number
    HCMA72/1998

    The Magistrate properly applied the Turnbull principles, relied on factors that supported PW4's identification (duration and quality of observation, daylight, distance, and positive identification at an identification parade) and the trial verdict was not unsafe; the appeal is dismissed.

  • 20 Sept 1994

    LAM KING HANG v. R.

    Citation
    LAM KING HANG v. R.
    Court
    Court of Appeal
    Case number
    CACC273/1993

    Although mens rea is an element of conspiracy, the omission to direct the jury specifically that the defendant must have intended the plan to be carried out did not render the verdict unsafe because there was no evidence from which a jury could properly find lack of intention; the jury were correctly directed on whether the defendant agreed to the conspiracy and the factual record established intent.