Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Inadmissible evidence

  • 11 Oct 2017

    HKSAR v. KO WAI LUN

    Citation
    HKSAR v. KO WAI LUN
    Court
    Court of Appeal
    Case number
    CACC131/2016

    Cross-examination that invited adverse inferences from the applicant's failure to disclose information to the police or to contact the accomplice or his family was impermissible and constituted a material breach of the right of silence; the trial judge compounded the breach by recounting impugned cross-examination in the summing up without directing the jury to ignore it or giving the standard right to silence direction; the error was not cured and required quashing the conviction and ordering a retrial.

  • 13 Jun 2011

    HKSAR v. CHAN SIU KIT

    Citation
    HKSAR v. CHAN SIU KIT
    Court
    Court of Appeal
    Case number
    CACC83/2010

    A District Court judge sitting without a jury is not obliged to expressly state in Reasons for Verdict that he has disregarded inadmissible evidence unless the evidence is so egregious and prejudicial that such an explicit statement is necessary; in this case the briefing evidence was not comparable to the gross evidence in Chow Hoi Ping, the judge avoided relying on it and based his decision on admissible facts (behaviour and confessions), therefore the omission was not fatal and the conviction was safe.

  • 18 Jan 1994

    CHAN KWOK KEUNG v. R.

    Citation
    CHAN KWOK KEUNG v. R.
    Court
    Court of Appeal
    Case number
    CACC357/1993

    The judge's summing-up and directions were sufficiently clear to neutralize any prejudicial effect of police evidence about an anti-drug operation or a 'target person'; the trial judge properly dealt with character issues in accordance with Vye; there was ample admissible evidence to support convictions on both counts; therefore the application for leave to appeal against conviction is refused.