Hong Kong Case Law: Decisions & Judgments

Topic

Admissibility of prejudicial evidence

Legal area

Court

13 Jun 1995

R. v. CHOW SIK WAI

Citation

R. v. CHOW SIK WAI
Court

Court of Appeal
Case number

CACC586/1994

Leave to appeal dismissed because the trial was properly conducted: the murder indictment was sustainable on joint enterprise; identification evidence, though imperfect, was properly directed to the jury (Turnbull); the photographs were more probative than prejudicial; there was no factual basis for self-defence or to treat eyewitnesses as accomplices; no miscarriage of justice was demonstrated.
21 Dec 1977

MOK CHUEN v. THE QUEEN

Citation

MOK CHUEN v. THE QUEEN
Court

Court of Appeal
Case number

CACC251/1977

Denial of control by the accused does not ipso facto prevent rebuttal of the presumption under s.10(1)(b); the correct exercise is to compare total assets at the charge date with total official emoluments and then assess whether independent income or capital plausibly explains any disproportion — here independent income from dormitories, orchard profit and compensation was sufficient to explain the disparity, requiring acquittal.
10 Nov 1977

YEE PO v. THE QUEEN

Citation

YEE PO v. THE QUEEN
Court

Court of Appeal
Case number

CACC742/1977

The conviction was upheld because the evidence showed the appellant received corrupt payments and agreed to turn a blind eye such that an agreement not to perform police duties amounted to a conspiracy to obstruct the course of public justice; the trial judge's credibility findings were within allowable evaluation and the wrongly admitted 'tradition' evidence was harmless under the proviso to s.83(1).

Hong Kong Case Law

R. v. CHOW SIK WAI

MOK CHUEN v. THE QUEEN

YEE PO v. THE QUEEN