Hong Kong Case Law: Decisions & Judgments

Topic

Judicial direction/misdirection

Legal area

Court

27 Sept 2021

HKSAR v. WONG CHUN YAU (黃竣佑)

Citation

[2021] HKCFA 33
Court

Court of Final Appeal
Case number

FAMC25/2021

Application for leave to appeal out of time was dismissed because none of the pleaded grounds were reasonably arguable: the trial judge correctly confined the case to joint possession not joint enterprise and properly directed the jury on possession elements; an alternative verdict of simple possession was not raised by the evidence; and the transitory custody argument based on R v Maginnis did not undermine application of the broader trafficking offence under Cap 134.
31 Jul 1991

THE QUEEN v. CHAN KUNG LING

Citation

THE QUEEN v. CHAN KUNG LING
Court

Court of Appeal
Case number

CACC107/1990

Majority held cross‑examination and the judge's directions were permissible because the applicant was not being questioned or formally accused by police at the relevant moments and the circumstances were such that any reasonable person would have protested; consequently no impermissible adverse inference from silence was invited and the jury directions on good character and lies were proper; other grounds of appeal were dismissed and convictions upheld.
20 Dec 1990

THE QUEEN v. LEE SHUK CHING

Citation

THE QUEEN v. LEE SHUK CHING
Court

Court of Appeal
Case number

CACC177/1990

A conviction resulting from a trial in which the judge misdirected the accused by stating she was required to give evidence to rebut statutory presumptions under s47, thereby effectively depriving her of the right to silence, is unsafe and must be quashed; a retrial is required, noting that the initial burden to prove primary facts rests on the Crown.
8 Aug 1986

THE QUEEN v. LOK KIN PIU

Citation

THE QUEEN v. LOK KIN PIU
Court

Court of Appeal
Case number

CACC112/1986

The Court held that the admission of the applicant's prior conviction was within the trial judge's discretion because it was relevant to credibility where the defendant attacked police witnesses; although the trial judge's direction was unduly favourable to the accused (a misdirection), the overall trial was not irregular such that the conviction should be overturned; the application is dismissed.
7 Feb 1986

THE QUEEN v. LING LAI MO

Citation

THE QUEEN v. LING LAI MO
Court

Court of Appeal
Case number

CACC221/1985

The Court held that lies told to US customs were admissible and probative of intent and could in circumstances corroborate accomplice evidence; guarantees fell within the inclusive definition of "valuable security" under s68 Crimes Ordinance; however, evidence concerning Counts 1 and 2 was insufficient because the ledger entries reflected an agreed arrangement (implied authorization) and thus convictions on those counts were unsafe and quashed; sentences on conspiracy counts 11 and 12 were excessive and reduced to five years to run concurrently with other sentences.

Hong Kong Case Law

HKSAR v. WONG CHUN YAU (黃竣佑)

THE QUEEN v. CHAN KUNG LING

THE QUEEN v. LEE SHUK CHING

THE QUEEN v. LOK KIN PIU

THE QUEEN v. LING LAI MO