Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Accused's silence

Legal area

Court

26 Sept 2012

HKSAR v. CHIU WAI KEUNG

Citation

HKSAR v. CHIU WAI KEUNG
Court

Court of Appeal
Case number

CACC441/2011

Where a defendant's fingerprint is found on the inside of a locked, immovable door of premises that were burglarised the same day and access is restricted, and there is no evidence or explanation of lawful access or innocent transfer, the court may draw the irresistible inference that the fingerprint was left at the time of the burglary and that the defendant was party to it; the prosecution need not disprove every speculative innocent possibility.
20 Nov 1974

LAM CHUN-MIN v. THE QUEEN

Citation

LAM CHUN-MIN v. THE QUEEN
Court

Court of Appeal
Case number

CACC934/1974

The appeal was dismissed because the prosecution evidence, accepted by the Magistrate, established possession of syringes and equipment capable of injecting dangerous drugs; the in-court amendment to charge was treated as valid because it was read and explained to the accused and the accused was afforded opportunity to respond but declined, therefore the conviction under Section 36(1) was upheld.