Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Dying declaration

  • 8 Feb 1991

    THE QUEEN v. NGUYEN VAN HEIP

    Citation
    THE QUEEN v. NGUYEN VAN HEIP
    Court
    Court of Appeal
    Case number
    CACC164/1990

    The trial judge did not abuse his discretion in refusing to discharge the jury; the jury were properly directed on identification and the burden of proof beyond reasonable doubt, the directions were adequate and any potential prejudice from counsel change or publicity was mitigated by recall of witnesses and judicial directions, therefore the conviction is safe and must be upheld.

  • 20 Mar 1971

    SO PING-KUEN v. THE QUEEN

    Citation
    SO PING-KUEN v. THE QUEEN
    Court
    Court of Appeal
    Case number
    CACC574/1970

    The appeal was dismissed because the jury could reasonably have accepted the appellant's cautioned statement admitting stabbing and rejected the deceased's dying declaration about the fatal blow; given expert evidence that death was due to a blunt instrument or a fall, the jury could logically acquit of murder (no proof appellant caused the lethal blow) yet convict of wounding with intent to cause grievous bodily harm; inclusion of a lesser alternative count was permissible though Crown counsel should have explained its purpose to the jury, and the verdict was not disturbed as it was reasonab…