Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Credibility and adverse inferences

Legal area

Court

17 Mar 2023

HKSAR v. LEUNG WAI KIT

Citation

[2023] HKCA 322
Court

Court of Appeal
Case number

CACC292/2019

The Court held the trial judge's directions improperly attributed the defence counsel's failure to put the alleged conversation to the police witness to the appellant's lack of credibility without the necessary foundation, producing unfairness and a miscarriage of justice; accordingly the trafficking conviction was quashed and, having met s.83A conditions, substituted with a conviction for possession and the sentence ordered to be time already served.
27 Mar 2015

HKSAR v. LAM CHI YUEN

Citation

HKSAR v. LAM CHI YUEN
Court

Court of Appeal
Case number

CACC14/2014

The trial judge was entitled to reject the defence evidence as not truthful; given admitted nil declared incomes, the pattern and magnitude of deposits and withdrawals across the seven accounts, and the minimal closing balances, there was compelling evidence that the accounts served as repositories for proceeds of indictable offences and thus reasonable grounds existed for conviction; absence of expert evidence did not invalidate that finding; accordingly leave to appeal against conviction was dismissed.