Hong Kong Case Law: Decisions & Judgments

Topic

Witness credibility and identification

Legal area

Court

26 Aug 2019

HKSAR v. SO WAI KEUNG

Citation

[2019] HKCA 970
Court

Court of Appeal
Case number

CACC295/2018

Leave to appeal was refused because the applicant failed to demonstrate any reasonably arguable ground: the trial judge considered and reasonably resolved inconsistencies, was entitled to prefer PW1's evidence over distracted passengers, counsel made tactical choices (e.g. not seeking audio playback) and the judge could infer motive and intention from primary facts; there was no irrationality or material misapprehension justifying appellate intervention.
11 Apr 2017

HKSAR v. ALLY AYUBU JUMBE

Citation

HKSAR v. ALLY AYUBU JUMBE
Court

Court of First Instance
Case number

HCMA553/2016

The magistrate's findings on witness credibility and the reliability of identification were not plainly wrong: PW1 had ample, close, well-lit opportunity to observe the attacker and positively identified the appellant at a fair parade; CCTV and medical evidence corroborated key facts; therefore the identification evidence was safe, the elements of assault occasioning actual bodily harm were proved beyond reasonable doubt, and the conviction must be upheld.
6 Nov 2014

香港特別行政區訴顧發琼

Citation

香港特別行政區訴顧發琼
Court

Court of First Instance
Case number

HCMA443/2014

The trial judge's credibility findings and factual conclusions fell within permissible bounds of assessment given her opportunity to observe witnesses; alleged disclosure delay and minor inconsistencies did not demonstrate material prejudice or a plainly wrong verdict; sentence imposed was within statutory limits and not manifestly excessive, therefore both conviction and sentence are affirmed.
22 Apr 1999

HKSAR v. LAW KAN FAI LUKE

Citation

HKSAR v. LAW KAN FAI LUKE
Court

Court of First Instance
Case number

HCMA304/1999

The appeal was allowed because material inconsistencies and weaknesses in the prosecution witnesses' evidence—including conflicting accounts about the defendant's movements and whether the object came from his pocket, errors about the street number suggesting possible discussion between officers, and presence of bystanders—left a lurking doubt that the conviction was unsafe; conviction quashed and sentence set aside.

Hong Kong Case Law

HKSAR v. SO WAI KEUNG

HKSAR v. ALLY AYUBU JUMBE

香港特別行政區 訴 顧發琼

HKSAR v. LAW KAN FAI LUKE

香港特別行政區訴顧發琼