Hong Kong Case Law: Decisions & Judgments

Topic

Judicial direction

Legal area

Court

19 Dec 1997

HKSAR v. CHAN CHOR YIM

Citation

HKSAR v. CHAN CHOR YIM
Court

Court of Appeal
Case number

CACC435/1997

Any putative misdirection did not result in a miscarriage of justice because the judge made clear that proof was to be assessed on the whole of the evidence and the only reasonable inference from the very large quantity of drugs was possession for the purpose of trafficking; accordingly leave to appeal was granted but the appeal was dismissed and the conviction and 23-year sentence were upheld.
2 Nov 1994

TSUI KIN CHEUNG v. R.

Citation

TSUI KIN CHEUNG v. R.
Court

Court of Appeal
Case number

CACC22/1993

Given the appellant's mixed cautioned statement purporting to show consent and the corroborative context of letters from the complainant, the trial judge's failure to specifically direct the jury to the appellant's account created a lurking doubt as to the safety of the convictions; appeal must be allowed and convictions quashed.
31 Dec 1985

THE QUEEN v. WONG CHUNG-MING

Citation

THE QUEEN v. WONG CHUNG-MING
Court

Court of Appeal
Case number

CACC474/1985

Although the trial judge erred by applying a subjective test for 'menaces', the words used by the appellant and the context objectively amounted to an unwarranted demand with menaces and supported a finding of a view to gain; applying the appellate proviso the error did not cause a miscarriage of justice and the conviction is upheld.
14 Jan 1975

HO PING-FAI (ON BAIL) v. THE QUEEN

Citation

HO PING-FAI (ON BAIL) v. THE QUEEN
Court

Court of Appeal
Case number

CACC751/1974

Appeal allowed on the first charge because the trial judge did not indicate he had the danger of convicting on uncorroborated accomplice evidence in mind; conviction and sentence quashed. Appeal dismissed on the second charge because independent corroboration (Pang) supported the complainant's evidence and the conviction was safe.
21 Jul 1969

SHUM KIN CHUNG v. THE QUEEN

Citation

SHUM KIN CHUNG v. THE QUEEN
Court

Court of Appeal
Case number

CACC272/1969

Section 9 Cap.215 applies to corruption offences and relieves magistrates of the strict Davies formulation; here the magistrate, a legally qualified judicial officer, made findings that part of Lau's evidence was corroborated in a material particular by Cheung, and viewed as a whole the record shows the magistrate was aware of and guarded against the dangers of accomplice evidence — accordingly the conviction was safe and the appeal must be dismissed.

Hong Kong Case Law

HKSAR v. CHAN CHOR YIM

TSUI KIN CHEUNG v. R.

THE QUEEN v. WONG CHUNG-MING

HO PING-FAI (ON BAIL) v. THE QUEEN

SHUM KIN CHUNG v. THE QUEEN