Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Admissibility of interview/statement

Legal area

Court

30 Mar 1999

HKSAR v. LEE SIU HING

Citation

HKSAR v. LEE SIU HING
Court

Court of First Instance
Case number

HCMA279/1999

Conviction was unsafe because the Magistrate's inference of possession was unsupported by the evidence: the appellant was absent at the raid, another person was arrested, and signing the business registration alone did not establish possession, control or knowledge of the infringing copies; accordingly the conviction was quashed and sentence set aside.
29 Sept 1998

HKSAR v. LAI KWOK KUEN, DANIEL

Citation

HKSAR v. LAI KWOK KUEN, DANIEL
Court

Court of Appeal
Case number

CACC600/1997

The Court upheld the convictions because the trial judge, having weighed the evidence and credibility of witnesses, properly inferred dishonesty from the facts (unauthorised pledging and sale of clients' shares and the applicant's admission of cash flow problems), and the exclusion of the Stock Exchange statement on narrow grounds of procedural unfairness did not prejudice the applicant or render the trial unfair; therefore the convictions were not unsafe.