Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Defence evidence

  • 28 Feb 2006

    JIM FAI v. HKSAR

    Citation
    JIM FAI v. HKSAR
    Court
    Court of Final Appeal
    Case number
    FACC8/2005

    The trial judge's specific direction improperly told the jury they could only act on the appellant's evidence if satisfied it was truthful and included an unnecessary lies direction; this could have caused confusion about the burden and standard of proof and deprived the appellant of the benefit of reasonable doubt, rendering the conviction unsafe and requiring quashing and a retrial.

  • 7 Oct 1998

    HKSAR v. KWOK CHAK KAN, NIPON

    Citation
    HKSAR v. KWOK CHAK KAN, NIPON
    Court
    Court of First Instance
    Case number
    HCMA939/1997

    The court found counsel had advised the appellant to give evidence, the appellant voluntarily refused because of fear of cross-examination, counsel's conduct was not flagrantly incompetent and did not deny the appellant a fair trial; therefore the convictions are safe and the appeal is dismissed.