Hong Kong Case Law: Decisions & Judgments

Topic

Identification procedure

Legal area

Court

22 Oct 2009

HKSAR v. LI SIU HUNG

Citation

HKSAR v. LI SIU HUNG
Court

Court of Appeal
Case number

CACC175/2008

The trial judge's acceptances of PW1's testimony and the admissibility and weight of the confession and post‑record were reasonable; the appellant's allegations of coercion, improper destruction of notes, and misidentification were insubstantial or inadequately particularized, and there was no basis to overturn the trial judge's credibility findings; accordingly leave to appeal against conviction is dismissed.
19 Feb 1979

LAM WAI-YING AND OTHERS v. THE QUEEN

Citation

LAM WAI-YING AND OTHERS v. THE QUEEN
Court

Court of Appeal
Case number

CACC300/1978

The conviction of the 2nd Appellant was unsafe because the trial judge failed to give the jury adequate direction on material inconsistencies and the timing/circumstances of a crucial police statement, warranting quashing of the conviction; the admission of the statement was within the judge's discretion and not disturbed; the 4th Appellant's conviction was upheld but the sentence on Count 1 was reduced because the original sentence exceeded the permissible approach given the statutory context and maximum.
23 Feb 1972

CHEUNG WAI-TING v. THE QUEEN

Citation

CHEUNG WAI-TING v. THE QUEEN
Court

Court of Appeal
Case number

CACC29/1972

The appeal was allowed because the conviction rested solely on an identification that was unsafe: material discrepancies between prosecution witnesses, absence of a proper identification parade, the unusual and prejudicial practice of bringing the handcuffed suspect to the victim's house for identification, and lack of corroborative evidence made the verdict unsafe and unsustainable.

Hong Kong Case Law

HKSAR v. LI SIU HUNG

LAM WAI-YING AND OTHERS v. THE QUEEN

CHEUNG WAI-TING v. THE QUEEN