Hong Kong Case Law: Decisions & Judgments

Topic

Evaluation of witness credibility

Legal area

Court

30 Dec 2025

CHAN YIU v. LEE WAI LAN

Citation

[2025] HKDC 2160
Court

District Court
Case number

DCCJ6442/2020

The application for leave to appeal is dismissed because the proposed grounds merely challenge the trial judge's factual findings without demonstrating any mistake of law, misapprehension of evidence, or overlooked indisputable evidence; the judge's findings that there was no reliable agreement in 1988, that the plaintiff did not pay HK$220,000, and that the parties continued mixed finance until at least 1993 are within the generous ambit of reasonable disagreement and thus the appeal has no reasonable prospect of success.
3 Sept 2025

香港特別行政區訴鍾偉庭

Citation

[2025] HKCFI 4060
Court

Court of First Instance
Case number

HCMA450/2024

On a full re‑hearing the judge was not satisfied beyond reasonable doubt that the appellant possessed the requisite intent to cause fear; the single hypothetical threatening sentence, considered with the surrounding facts (high emotion, lack of assaultive movement despite holding a golf club, ongoing contractual relationship), left reasonable doubt as to mens rea and therefore the conviction could not stand.
1 Apr 2025

HKSAR v. RAJESH, NARAIN PARMAR

Citation

[2025] HKCFI 2715
Court

Court of First Instance
Case number

HCMA505/2024

On rehearing the court was satisfied beyond reasonable doubt that the appellant struck the complainant multiple times as described by the independent eyewitness and consistent with the medical report; the appellant's cautioned statement was unreliable; accordingly the conviction was upheld and the 6 week immediate custodial sentence was found not to be wrong in principle or manifestly excessive.
27 Feb 2025

香港特別行政區訴鄭澤森

Citation

[2025] HKCFI 1811
Court

Court of First Instance
Case number

HCMA281/2024

On re-hearing the court found the trial judge's detailed credibility findings and inferences were open on the evidence, the medical and eyewitness evidence coherently supported that the appellant struck and pushed the complainant causing grievous bodily harm, and therefore the prosecution proved the offence beyond reasonable doubt; appeal dismissed.
24 Jan 2025

HKSAR v. DEWAN MD HATEM

Citation

[2025] HKCFI 1418
Court

Court of First Instance
Case number

HCMA40/2024

The Magistrate’s credibility findings concerning PW2 and the rejection of the defence witness were rational and supported by the evidence; circumstantial facts (commercial nature of goods, appellant’s operation of specialised pallet truck, contemporaneous requests to unload) permitted the inference that the appellant was undertaking paid employment in breach of the removal order, and no appellate error was demonstrated to justify overturning the conviction and sentence.
29 May 2024

香港特別行政區訴鄧軍淦

Citation

[2024] HKCFI 1430
Court

Court of First Instance
Case number

HCMA415/2022

Appeal allowed because, on re‑examination of the evidence, the trial magistrate erred in procedure and evaluation: he assessed the defence before the prosecution without adequate reason, failed to address important inconsistencies and inherent improbabilities (including timing of the Zung form amendment and plausibility of unreported sexual touching in a hospital setting), and did not properly explain reliance on demeanour or inherent probabilities. Those errors rendered the conviction unsafe and must be quashed on rehearing under the standard set out in HKSAR v Hui Lai Ki.
22 May 2024

香港特別行政區訴李錦波

Citation

[2024] HKCFI 1895
Court

Court of First Instance
Case number

HCMA161/2023

在重審全部證據（包括相片、草圖及各方供述）後，法庭接納獨立路人PW3的目擊證供為關鍵事實，認為上訴人在從西寧街駛出域多利道時未有作出足夠、合理的觀察與謹慎，故在未能確保安全的情況下駛出致兩車相撞，且即使對方可能有不足亦不能構成上訴人的有效抗辯；綜合證據已在毫無合理疑點下證明控罪，維持定罪。
14 May 2024

香港特別行政區訴丁群洲

Citation

[2024] HKCFI 1828
Court

Court of First Instance
Case number

HCMA299/2022

The trial judge properly accepted the close‑range police evidence that the appellant forcefully pulled and caused a male officer to fall and kicked and scratched a female officer during arrest; those findings proved two counts of assaulting police beyond reasonable doubt. On retrial review, the appellate court found no error in the credibility assessments or in sentencing and therefore upheld the convictions for counts 2 and 3 and the sentence of 8 weeks for each with 2 weeks concurrent, total 10 weeks immediate imprisonment.
20 May 2022

HKSAR v. FUNG SZE WING CONNIE

Citation

[2022] HKCFI 1434
Court

Court of First Instance
Case number

HCMA470/2021

The Magistrate's findings that the prosecution proved all elements beyond reasonable doubt and that the Appellant lacked a bona fide belief in entitlement to $1,200 were not challenged and were supported by cogent reasons; the defence witness evidence was irrelevant to the key factual issues and would not have altered the outcome on rehearing, therefore the conviction is safe and the appeal is dismissed.
14 Jan 2022

香港特別行政區訴石數

Citation

[2022] HKCA 103
Court

Court of Appeal
Case number

CACC222/2020

The court held the judge did not err as the case did not require Turnbull directions because the crucial evidence was description of conduct and position (gesture by woman beside driver) rather than pure facial identification; PW3's evidence was coherent, plausible on the facts and supported by the environment and timings, and PW4's differing observations were explicable by different observation windows. The trial judge was entitled to reject the applicant's account and the leave application was refused.