Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Consciousness of guilt

  • 23 Jul 2021

    HKSAR v. RIZANIA NOVIYANTI

    Citation
    [2021] HKCA 1070
    Court
    Court of Appeal
    Case number
    CACC315/2018

    The court granted leave to appeal on grounds 1 and 2 as reasonably arguable: (1) the invitation to the jury to compare the weight of the exhibits with ordinary milk and cereal raised a potentially arguable issue about impermissible out-of-court experimentation and lack of evidential basis; (2) the judge's characterisation of alleged targeting as pure speculation was arguable given the applicant's evidence of a photograph on an officer's phone; the third ground concerning crying on arrest was not reasonably arguable because it was not relied upon by defence at trial and was not a significant m…

  • 12 Jun 2015

    HKSAR v. NGUYEN ANH NGA

    Citation
    HKSAR v. NGUYEN ANH NGA
    Court
    Court of Appeal
    Case number
    CACC424/2012

    The applicant's reactions and non-reaction constituted ordinary circumstantial evidence relevant to knowledge; the trial judge gave adequate general directions on inferences, burden and standard of proof and the omission to single out those reactions for a special direction was not material to the safety of the conviction; leave to appeal against conviction was refused.

  • 5 Dec 1990

    THE QUEEN v. HUI KWOK HUNG

    Citation
    THE QUEEN v. HUI KWOK HUNG
    Court
    Court of Appeal
    Case number
    CACC323/1990

    The trial judge's directions were inadequate because he failed to direct the jury that any doubt arising from alibi evidence must be resolved in the accused's favour and failed to require satisfaction that false alibi evidence was motivated by consciousness of guilt before using it against the accused; the inadequacy rendered the conviction unsafe and justified quashing the conviction and ordering a retrial.