Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Admissibility vs prejudice

Legal area

Court

14 Mar 2024

HKSAR v. LAU FUN

Citation

[2024] HKCA 254
Court

Court of Appeal
Case number

CACC226/2022

Leave to appeal against conviction is granted on Grounds 1–3 because it is reasonably arguable that earlier WhatsApp/voice messages (21 and 24 November) may have been inadmissible or required limiting directions to prevent impermissible propensity reasoning; Grounds 4–6 are not reasonably arguable and leave on them is refused. A transcript of mitigation and sentence is ordered and limited Legal Aid is granted to advise on a possible out of time sentence appeal.
10 Apr 1990

THE QUEEN v. KWONG YIU HUNG

Citation

THE QUEEN v. KWONG YIU HUNG
Court

Court of Appeal
Case number

CACC83/1989

The Court upheld the exercise of the trial judge's discretion: although the son’s identification was weak and potentially influenced by prior publicity, the judge gave strong directions warning the jury of its dangers, the identification was not so unreliable or unfairly prejudicial as to require exclusion, and there was sufficient independent evidence (fingerprint) to render the conviction safe.