Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Adverse inference from lies

Legal area

Court

19 Dec 2019

HKSAR v. KEUNG CHEUNG YAU AND ANOTHER

Citation

[2020] HKCFI 155
Court

Court of First Instance
Case number

HCMA477/2019

The appeal was dismissed because the trial Magistrate's acceptance of the prosecution witnesses' contemporary observations that liquid was flowing through a hose into the tugboat was rationally open on the evidence; photographs taken hours later showing a dry hose and a closed valve did not establish tampering or negate the witnesses' account when there was no evidence of the hose's condition or handling at the earlier time. The Magistrate did not draw an adverse inference from A1's statement and correctly applied the law that a lie alone is not proof of guilt; hence the convictions were safe…
16 Apr 1992

R. v. WONG PING TAK

Citation

R. v. WONG PING TAK
Court

Court of Appeal
Case number

CACC162/1991

Given the short and straightforward nature of the trial the trial judge's summing-up was adequate; the judge's brief address to the defendant did not prejudice his right not to give evidence; the judge properly cautioned the jury about lies and their limited inference; on the totality of the evidence the convictions were safe and leave to appeal was refused.