Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Evidential foundation for conviction
  • 28 Oct 2021

    HKSAR v. CHEUNG TZE HONG

    Citation
    [2021] HKCA 900
    Court
    Court of Appeal
    Case number
    CACC261/2018

    Appellant's pleas to Counts 1 and 2 were unequivocal and could justify directing the jury, but the convictions were unsafe because the trial judge relied on prosecuting counsel's opening and a Summary of Facts derived from depositions (material not properly adduced or admitted) when convicting and sentencing; that reliance tainted the convictions and sentence for Counts 1 and 2 and required quashing and retrial; pleas to Counts 3–7 were properly entered and convictions on those counts were upheld.