Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Judicial directions/summing up

Legal area

Court

11 Jun 2015

HKSAR v. NG SIK KEI AND ANOTHER

Citation

HKSAR v. NG SIK KEI AND ANOTHER
Court

Court of Appeal
Case number

CACC233/2012

The Court refused to admit the proposed fresh evidence because it was wholly incredible and tainted by the applicants' repeated unsuccessful post‑trial attempts to impeach the accomplices; the fresh evidence would not have produced a different verdict. The trial judge's summing up was balanced and accurate. Accordingly leave to adduce fresh evidence was refused and both applications for leave to appeal convictions were dismissed (the 1st applicant's sentence appeal was not pursued and dismissed).
29 Apr 1998

HKSAR v. WONG MAN TAT

Citation

HKSAR v. WONG MAN TAT
Court

Court of Appeal
Case number

CACC635/1997

The Court refused leave because the trial judge's summing up fairly and properly directed the jury on possession, burden of proof, statutory presumption and the proper drawing of an inference of trafficking from quantity and value; the jury had ample credible evidence (police testimony and expert valuation) to be satisfied beyond reasonable doubt that the applicant possessed the drugs for trafficking and the defence allegations of planting were unsubstantiated.