Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Credibility of police witnesses

  • 21 Feb 2024

    香港特別行政區 訴 沈萬裕

    Citation
    [2024] HKCFI 544
    Court
    Court of First Instance
    Case number
    HCMA222/2022

    The appeal is allowed because the trial court wrongly admitted the interview record: police conduct indicated the appellant's request to contact counsel was ignored and there was inducement to cooperate, and the principal police witness who handled the exhibits was found not credible so the prosecution failed to prove an unbroken, untampered chain of custody; without the contested confession and reliable custody evidence the conviction could not be proved beyond reasonable doubt and was unsafe.

    • Admissibility of confession
    • Right to legal advice
    • Chain of custody of exhibits
    • Credibility of police witnesses
    • Safety of conviction

  • 21 Mar 2023

    HKSAR v. TURBAT UNDRAKHBAYAR AND ANOTHER

    Citation
    [2023] HKCA 448
    Court
    Court of Appeal
    Case number
    CACC113/2022

    Leave to appeal refused: A2's conviction was upheld because the contemporaneous evidence (presence with the furtive group for an extended period and holding a scarf used to conceal the theft) was, despite some discrepancies in police accounts, of such strength that a reasonable tribunal could convict; A1's sentence was appropriate given multiple serious aggravating factors and extensive relevant prior convictions.

    • Theft
    • Pickpocketing
    • Joint enterprise
    • Credibility of police witnesses
    • Leave to appeal
    • Plea discount

  • 22 Jan 2021

    HKSAR v. KRISHAN, KUMAR AND ANOTHER

    Citation
    [2021] HKCFI 124
    Court
    Court of First Instance
    Case number
    HCMA451/2019

    The convictions were quashed because material lies and improprieties by the police identification witnesses undermined their credibility, and in the absence of corroboration the uncorroborated identification evidence was unsafe and unsatisfactory.

    • Possession of offensive weapon
    • Identification evidence
    • Credibility of police witnesses
    • Appeal against conviction

  • 12 Oct 2017

    香港特別行政區 訴 葉向南

    Citation
    香港特別行政區 訴 葉向南
    Court
    Court of First Instance
    Case number
    HCMA220/2017

    The appellate court found the trial judge's factual analysis was insufficiently thorough and failed to apply an evenhanded standard to police and defence evidence, producing reasonable doubt as to guilt; accordingly the conviction and sentence were unsafe and were quashed.

    • Possession of dangerous drugs
    • Credibility of police witnesses
    • Appellate review of factual findings
    • Stop and search
    • Bias in assessing police evidence

  • 1 Jun 2017

    HKSAR v. CHUNG CHEUK PANG

    Citation
    HKSAR v. CHUNG CHEUK PANG
    Court
    Court of Appeal
    Case number
    CACC104/2016

    The trial judge's explicit reliance on the status of police officers to deem it inherently improbable they would fabricate evidence was legally impermissible and fatally undermined verdicts that depended entirely on admissions obtained by those officers; the proviso to s.83(1) CPO could not save the convictions and, for practical reasons, no retrial was ordered.

    • Credibility of police witnesses
    • Admissions under caution
    • Judicial assessment of witness status
    • Application of proviso to s.83(1) cpo
    • Retrial discretion

  • 2 Sept 2009

    HKSAR v. MOHAMMAD ZABER AND ANOTHER

    Citation
    HKSAR v. MOHAMMAD ZABER AND ANOTHER
    Court
    Court of Appeal
    Case number
    CACC50/2008

    Court held summing-up was fair and balanced, jury were properly directed on credibility and on lack of adverse inference from silence, applicants failed to show counsel's conduct rendered convictions unsafe, discrepancies raised did not vitiate prosecution case, failure to call the sergeant caused no demonstrated prejudice, and sentences for the 2nd applicant were within guidance; applications for leave to appeal (and for 2nd applicant leave to appeal sentence) were dismissed.

    • Drug trafficking
    • Possession
    • Use of another person's identity card
    • Credibility of police witnesses
    • Leave to appeal
    • Alleged ineffective assistance of counsel

  • 4 May 2009

    HKSAR v. MUTENGU JOHNSON MIKAILI

    Citation
    HKSAR v. MUTENGU JOHNSON MIKAILI
    Court
    Court of Appeal
    Case number
    CACC215/2008

    The trial judge's directions were, on the whole, adequate as to knowledge and credibility; although the flight direction was not fuller as recommended in Mo Shiu Shing, that deficiency was harmless because there was no innocent explanation for flight and the nexus between possession and other evidence made the verdict inevitable; therefore the proviso to s.83(1) CPO applies and the appeal is dismissed, conviction and 20‑year sentence affirmed.

    • Drug trafficking
    • Knowledge (mens rea)
    • Flight evidence
    • Judicial directions
    • Credibility of police witnesses
    • Police procedure

  • 8 Sept 2004

    HKSAR v. LAW SHING TAK

    Citation
    HKSAR v. LAW SHING TAK
    Court
    Court of First Instance
    Case number
    HCMA579/2004

    The magistrate's acceptation of PW1 and PW2 as honest and credible was within her province after a full hearing; PW2's explanation for the omitted preamble paragraph was plausible and the admission and surrounding circumstances supplied sufficient evidence beyond reasonable doubt to uphold the conviction for attempting to export unmanifested cargo under Cap.60 s.18(1)(b).

    • Attempting to export unmanifested cargo
    • Appeal against conviction
    • Credibility of police witnesses
    • Admissibility and weight of post‑record admissions
    • Circumstantial evidence of intent to smuggle
    • Police procedure in maritime interceptions

  • 13 May 2002

    HKSAR v. WONG SAU MING

    Citation
    HKSAR v. WONG SAU MING
    Court
    Court of Appeal
    Case number
    CACC85/2001

    Majority: Although admission of the prior magistrate's reasons was arguably marginal, the magistrate's findings indicated doubt rather than proven falsity; having admitted that material the jury were entitled to assess for themselves the extent to which the earlier findings undermined police credibility, and the judge's direction to that effect was not an error requiring reversal; conviction upheld.

    • Drug trafficking
    • Credibility of police witnesses
    • Admissibility of prior acquittals
    • Jury directions and summing up

  • 16 Dec 1998

    HKSAR v. TANG KA KIT

    Citation
    HKSAR v. TANG KA KIT
    Court
    Court of First Instance
    Case number
    HCMA102/1998

    The prosecution failed to disclose material in its possession (CAPO statements, videotapes, trial transcript and judge's ruling from the related DCC 915/97) that was relevant or possibly relevant and held out a real prospect of providing leads which could have materially affected cross-examination and the Magistrate's assessment of the credibility of PW1; the prosecution should have disclosed the material or sought an adjournment and, because nondisclosure rendered the trial unfair, the conviction was unsafe and must be quashed.

    • Disclosure obligations
    • Non-disclosure
    • Safety of conviction
    • Credibility of police witnesses
    • Adjournment
    • Use of videotape evidence