Hong Kong Case Law: Decisions & Judgments

Topic

Witness credibility and collusion

Legal area

Court

17 Sept 2025

CHUNG LOI KIU by her next friend, LAU CHING MAN v. LAU YIP HUNG

Citation

[2025] HKDC 1565
Court

District Court
Case number

DCCJ3999/2021

The Plaintiff failed to prove factual possession of the Pink Area for the limitation period 1990–2010 because the evidence did not establish complete or effective exclusive control (experts and witnesses showed gaps in fencing and unrestricted access); planting of trees was intermittent and insufficient absent effective exclusion; the Plaintiff’s hearsay witness statement from the incapacitated owner was not admitted and would in any event have added little; given the lack of factual possession the adverse possession claim fails and, even if factual possession were established, the Plaintiff’…
23 Oct 2000

HKSAR v. KAN KWOK HUNG AND ANOTHER

Citation

HKSAR v. KAN KWOK HUNG AND ANOTHER
Court

Court of First Instance
Case number

HCMA746/2000

The appellate court upheld the magistrate's careful credibility findings: PW9 was independent and his evidence corroborated material parts of police testimony; there was no evidence of collusion or bias sufficient to undermine PW9; the police arrests were lawful in the circumstances and reasonable force was used to effect them; absent irrationality or lack of evidence the magistrate's conclusions on credibility and guilt must stand; no lurking doubt existed, so convictions were safe and the appeal was dismissed.
26 May 1975

SIU TUNG-YIM v. THE QUEEN

Citation

SIU TUNG-YIM v. THE QUEEN
Court

Court of Appeal
Case number

CACC1115/1974

The trial judge was entitled to conclude on the balance of probabilities that the appellant failed to establish that the disputed payments from his uncle actually occurred; therefore the appellant gave no satisfactory explanation for the admitted excess and the conviction under s.10(1)(a) was upheld; however the original five year custodial sentence was excessive given the only agreed proved minimal excess of $40,000, so the sentence was reduced to two years while the fine was left intact.

Hong Kong Case Law

CHUNG LOI KIU by her next friend, LAU CHING MAN v. LAU YIP HUNG

HKSAR v. KAN KWOK HUNG AND ANOTHER

SIU TUNG-YIM v. THE QUEEN