Hong Kong Case Law: Decisions & Judgments

Topic

Drawing inferences from circumstantial evidence

Legal area

Court

21 Feb 2019

HKSAR v. RAHMAN ZIAUR

Citation

[2019] HKCFI 407
Court

Court of First Instance
Case number

HCMA113/2018

The magistrate's acceptance of PW1's consistent eyewitness evidence that the appellant offered prices, engaged with potential customers and stretched out his hand to collect money, together with the manner and small scale of the goods displayed, provided overwhelming evidence that the appellant had established a small‑scale hawking business in breach of s38AA; the appellate court found no error in the magistrate's credibility assessments or inferences and dismissed the appeal.
10 Jan 2018

HKSAR v. YAN SIN MAN

Citation

[2018] HKCA 6
Court

Court of Appeal
Case number

CACC367/2015

The judge erred in allowing the jury to infer that the applicant authored the notebook entries and phone photographs and in permitting those records to be used as proof against the applicant of actual drug trafficking when there was insufficient evidence (no fingerprints or handwriting link) to justify that inference; the records could only be used, if at all, as circumstantial evidence of possession of records characteristic of trafficking and with limiting directions; the misdirection created a real danger of wrongful inference and requires quashing the conviction.
20 Mar 1987

THE QUEEN v. LO MAN_PUNG, EDDIE AND ANOTHER

Citation

THE QUEEN v. LO MAN_PUNG, EDDIE AND ANOTHER
Court

Court of Appeal
Case number

CACC59/1986

The Court allowed the appeals and quashed the convictions because the trial judge misdirected the jury on drawing inferences, failed in multiple respects to put significant aspects of the defence (including documentary evidence and contradictions in prosecution witnesses) to the jury, and specifically directed there was no evidence for the bribery count; these cumulative errors rendered the convictions unsafe and could not be cured by the proviso.

Hong Kong Case Law

HKSAR v. RAHMAN ZIAUR

HKSAR v. YAN SIN MAN

THE QUEEN v. LO MAN_PUNG, EDDIE AND ANOTHER