Hong Kong Case Law: Decisions & Judgments

Topic

Alibi and burden of proof

Legal area

Court

18 Oct 2011

HKSAR v. CHAN HOI TAT

Citation

HKSAR v. CHAN HOI TAT
Court

Court of Appeal
Case number

CACC447/2010

The trial judge, as experienced fact-finder who observed the witness, properly assessed the complainant's credibility and rejected late alibi evidence as not credible absent satisfactory explanation; therefore convictions were safe. The total sentence of five years was within range and not manifestly excessive given grooming, threats, repeated gross indecent assaults and the need for deterrence and protection of the young.
4 Oct 1989

THE QUEEN v. TONG HEUNG YEE

Citation

THE QUEEN v. TONG HEUNG YEE
Court

Court of Appeal
Case number

CACC127/1989

Confrontation identification following a suspect's refusal to attend a parade does not, by itself, render a conviction unsafe where the trial judge adequately directed the jury on the inherent dangers and specific limitations of such identification; it was not erroneous to refuse to supply prior statements to the jury where cross-examination could fairly be followed without them; and specific oral direction that the Crown must disprove an alibi is unnecessary where general directions on burden and standard of proof make the position clear.
24 Apr 1980

CHU KWOK-KUEN v. THE QUEEN

Citation

CHU KWOK-KUEN v. THE QUEEN
Court

Court of Appeal
Case number

CACC241/1980

Although cross-examination on the appellant's prior statement raised issues about voluntariness and possible breach of the judges' rules, the learned magistrate expressly found he would have convicted even without that cross-examination; the identification evidence was reliable and the conviction was therefore not unsafe; accordingly the appeal must be dismissed.

Hong Kong Case Law

HKSAR v. CHAN HOI TAT

THE QUEEN v. TONG HEUNG YEE

CHU KWOK-KUEN v. THE QUEEN