Hong Kong Case Law: Decisions & Judgments

Topic

Inferential proof

Legal area

Court

3 Sept 2021

HKSAR v. SHEIKH MOHAMMOD SUBUJ

Citation

[2021] HKCFI 2766
Court

Court of First Instance
Case number

HCMA54/2021

The magistrate's credibility findings and the surrounding circumstances — presence in a non-public employee loading area, attire and tools consistent with work, personal effects stored in employee area, and the nature of cargo nets requiring dexterity — permitted a reasonable and irresistible inference that the appellant was taking employment while a removal order was in force; the conviction was therefore safe and the appeal dismissed.
18 Feb 2014

HKSAR v. YU LAI LAI AGNES

Citation

HKSAR v. YU LAI LAI AGNES
Court

Court of Appeal
Case number

CACC242/2013

The Court held that the prosecution was entitled to rely on the glaring and unexplained discrepancies between the two sets of documents and other primary facts to infer that the documents submitted to the Bank were false and intended to deceive; the hearsay objection to the courier documents did not defeat the inferential case; the single rolled up charge was not duplicitous; leave to appeal against conviction was refused and the sentence was reduced from 6 years 8 months to 5 years 8 months imprisonment.
21 May 1985

THE QUEEN v. CHU HAK KIM AND OTHERS

Citation

THE QUEEN v. CHU HAK KIM AND OTHERS
Court

Court of Appeal
Case number

CACC95/1985

The Court held that the trial judge was entitled to accept the waiter’s evidence and expert identification, and that the 1st Defendant’s conduct and statements amounted to a demand with menaces under s.23(1) of the Theft Ordinance; the unexplained prolonged presence of the three co-defendants was sufficient evidence of assistance and intent to encourage, justifying convictions and refusal of leave to appeal.

Hong Kong Case Law

HKSAR v. SHEIKH MOHAMMOD SUBUJ

HKSAR v. YU LAI LAI AGNES

THE QUEEN v. CHU HAK KIM AND OTHERS