Hong Kong Case Law: Decisions & Judgments

22 Jun 2007

HKSAR v. WONG CHI YIN AND OTHERS

Citation: HKSAR v. WONG CHI YIN AND OTHERS
Court: Court of Appeal
Case number: CACC448/2005

The Court held that the trial judge procedurally erred by not following Wong Sau-ming when handling prior magistrates' reasons and summary but the prior magistrate's acquittal did not evince a finding that PW1 lied so the threshold for relevant cross-examination and admission was not met; any procedural irregularity caused no material prejudice. The judge had properly assessed D2's character despite an inartful formulation, correctly evaluated identification evidence given PW1's prolonged undercover contact, and correctly treated the allegedly genuine second card as immaterial to proving a co…

HKSAR v. NG CHI TUNG

Citation

HKSAR v. NG CHI TUNG

Court

Court of Appeal

Case number

CACC218/2003

Because the trial judge relied on evidence and inferences that were admitted only for the co-defendant and were inadmissible or mistakenly interpreted against the Applicant, the conviction was unsafe; the appeal was allowed, conviction quashed, no retrial ordered, and costs awarded to the Applicant.