Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Common intention (joint enterprise)

Legal area

Court

6 Jul 1984

THE QUEEN v. WONG PING-NAM AND OTHERS

Citation

THE QUEEN v. WONG PING-NAM AND OTHERS
Court

Court of First Instance
Case number

HCMA77/1984

The magistrate's credibility findings, supported by independent witnesses and medical evidence, provided sufficient identification and proof that the appellants were among those who used excessive force; any reference to common intention did not undermine conviction and the criminal standard of proof was applied, therefore the convictions were safe and the appeal is dismissed.
19 Feb 1974

LO KWOK-HUNG @ AND OTHERS v. THE QUEEN

Citation

LO KWOK-HUNG @ AND OTHERS v. THE QUEEN
Court

Court of Appeal
Case number

CACC898/1973

The murder conviction was unsafe because the trial judge's summing-up did not put the Crown's case and the contradictions in the evidence in their true perspective; accordingly the conviction for murder was quashed while the affray conviction was left intact.
28 Nov 1973

TSE YUNG TIM AND ANOTHER v. THE QUEEN

Citation

TSE YUNG TIM AND ANOTHER v. THE QUEEN
Court

Court of Appeal
Case number

CACC709/1973

Although the judge erred in one passage by suggesting there was some evidence that either appellant struck the fatal blows, that error did not produce a substantial miscarriage of justice given the prosecution case was presented on the basis of common intention and the summing-up as a whole adequately left the defence to the jury; therefore the appeals are dismissed and convictions upheld.