Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Confession evidence (mushtaq)
  • 7 Mar 2024

    HKSAR v. MA CHUN KIT

    Citation
    [2024] HKCA 191
    Court
    Court of Appeal
    Case number
    CACC224/2020

    Leave to appeal was granted only on Ground 1 because there was a reasonably arguable issue whether the judge, by her summing-up remarks, provided an alternative basis of appropriation (later assumption of rights) potentially outside the indictment and not canvassed with the parties; Grounds 2 and 3 were refused as not reasonably arguable because the alleged Ghosh issue was mixed law and fact tied to the applicant's untested state of mind and the evidence, and the trial judge had given a full Mushtaq direction and the summation must be read as a whole so no material irregularity arose regardin…