Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Judicial deference to credibility findings

Legal area

Court

6 Apr 2022

香港特別行政區訴趙海寶

Citation

[2022] HKCFI 943
Court

Court of First Instance
Case number

HCMA458/2021

The conviction could not be maintained because the trial judge misstated and applied the burden of proof by effectively requiring the appellant to prove on the balance of probabilities that the skid was due to road defects; that misdirection undermined the safety of the conviction and required quashing of the conviction.
5 Nov 1987

THE QUEEN v. LAU PING

Citation

THE QUEEN v. LAU PING
Court

Court of Appeal
Case number

CACC143/1987

The Court found that the trial judge reasonably assessed the credibility of prosecution witnesses, that the documentary and oral evidence overwhelmingly supported convictions for triad involvement, illegal money‑lending and intimidation, and that the identified errors and discrepancies were insufficient to create a lurking doubt; accordingly the appeal was dismissed and the convictions and sentence upheld.