Hong Kong Case Law: Decisions & Judgments

Topic

Credibility and inferences

Legal area

Court

13 Sept 2021

HKSAR v. RAHMAN MD. RAIHAN

Citation

[2021] HKCFI 2655
Court

Court of First Instance
Case number

HCMA207/2020

The Magistrate's detailed credibility findings were supportable: the Appellant threatened Bradshaw, retrieved scissors and chased him, Naz was injured while attempting to disarm the Appellant; inconsistencies did not vitiate the core account; therefore the convictions for criminal intimidation and, by application of transferred malice, assault occasioning actual bodily harm are justified and the appeal is dismissed.
10 Feb 2010

SILVIA CHAN YUK v. INSIDER DEALING TRIBUNAL AND ANOTHER

Citation

SILVIA CHAN YUK v. INSIDER DEALING TRIBUNAL AND ANOTHER
Court

Court of Appeal
Case number

CACV104/2007

The Court of Appeal upheld the Tribunal's factual findings that relevant, price‑sensitive information existed and was misused; the Tribunal applied an appropriate civil 'high probability' standard, permissibly drew compelling inferences from telephone and trading timing, and correctly admitted Harbour Ring evidence to rebut coincidence; consequently the appeals were dismissed and the Tribunal's determinations (including disqualification and disgorgement orders) were affirmed, except that financial penalties under s.23(1)(c) were set aside in light of Koon Wing Yee v Insider Dealing Tribunal.
6 Mar 1998

HKSAR v. LAM TZE YIM

Citation

HKSAR v. LAM TZE YIM
Court

Court of Appeal
Case number

CACC186/1997

By majority the Court refused leave to appeal: applying the Leonard test approved in Ip Chiu, the majority concluded the trial judge permissibly drew inferences from the proved facts (regular payments, staff knowledge of D1's police status, D1's interventions and his role in the businesses) that the payments were made because of his status and position as a police officer and that the trial judge properly assessed credibility and resolved conflicts; therefore convictions were not shown to be unsafe.

Hong Kong Case Law

HKSAR v. RAHMAN MD. RAIHAN

SILVIA CHAN YUK v. INSIDER DEALING TRIBUNAL AND ANOTHER

HKSAR v. LAM TZE YIM