Hong Kong Case Law: Decisions & Judgments

Topic

Jury directions and misdirection

Legal area

Court

8 May 2024

HKSAR v. CHEN KEEN (alias JACK CHEN) AND ANOTHER

Citation

[2024] HKCA 444
Court

Court of Appeal
Case number

CACC228/2023

Bail pending appeal was granted notwithstanding that the Court of Appeal did not consider the applicants' principal grounds reached the threshold of a strong likelihood of success; the unique procedural history (CFA previously granted leave and bail on related questions but did not decide them), the existence of reasonably arguable points, the proximity of applicants' release dates, the lengthy retrial history and overall interests of justice justified bail. Specific conditional bail terms were imposed to mitigate flight risk and protect the public interest.
14 Mar 2022

HKSAR v. CHUKWULETA SUNDAY FREEDALINE AND ANOTHER

Citation

[2022] HKCA 26
Court

Court of Appeal
Case number

CACC62/2017

The Court held there was no miscarriage of justice: the judge's summing-up and directions were adequate on the challenged points (inferences about remainder pellets were permissible on PW1's evidence; immigration records were admissible and not speculative; PW1's credibility and incentive were fully aired and properly directed; admitted facts under s65C remain conclusive though the jury may resolve apparent conflicts), and the sentencing judge reasonably and conservatively computed the quantity attributable to D1 and applied the appropriate starting point and international enhancement; appeal…
14 Apr 2021

HKSAR v. NGAI HON KWONG

Citation

[2021] HKCA 496
Court

Court of Appeal
Case number

CACC32/2019

The trial judge materially misdirected the jury by treating 'deliberate' splashing as a required element of gross negligence manslaughter, thereby depriving the jury of a viable alternative verdict which the evidence abundantly supported; exercising its power under section 83A Cap 221 the Court substituted a conviction for manslaughter by gross negligence and imposed a 12-year term of imprisonment as the appropriate sentence given the extreme harm, culpability and need for deterrence.
20 Dec 2019

HKSAR v. QASIR JAHANGER

Citation

[2019] HKCA 1448
Court

Court of Appeal
Case number

CACC307/2018

Leave to appeal against conviction granted insofar as it was reasonably arguable the trial judge failed to direct the jury that the husband's out-of-court statement could not be used as proof of the facts asserted in it and could only be used for the limited purpose of assessing inconsistency and credibility; leave refused on grounds alleging the summing-up improperly favoured the prosecution and on the attempt direction because any error was not reasonably likely to be material; leave to appeal sentence refused because the 9-year term was not reasonably arguable as manifestly excessive given…
17 Oct 2017

HKSAR v. CHAN MAN SUM, IVAN

Citation

HKSAR v. CHAN MAN SUM, IVAN
Court

Court of Appeal
Case number

CACC273/2015

The court held that although the appeal was allowed and the conviction quashed (with a retrial ordered), the appellant’s admitted conduct and lies surrounding the events of 6–7 October 2011 materially brought suspicion upon him and constituted a positive reason to refuse the costs of and incidental to his trial; nevertheless the appellant was entitled to reimbursement of his $31,900 Legal Aid contribution.
28 Jun 2017

HKSAR v. MODEBELU KENENNA CHRISTIAN

Citation

HKSAR v. MODEBELU KENENNA CHRISTIAN
Court

Court of Appeal
Case number

CACC62/2017

The application for bail pending appeal was refused because the applicant failed to show his appeal had a prima facie prospect of success: the alleged misdirections were not made out, the search of Room C was lawful under a valid warrant, and issues about PW1's credibility and forensic particulars were properly matters for the jury.
4 Oct 2016

HKSAR v. LAU WAI KIT

Citation

HKSAR v. LAU WAI KIT
Court

Court of Appeal
Case number

CACC360/2015

The conviction was quashed because the trial judge materially misdirected the jury by stating that the absence of any explanation from the defendant made the adverse inference of knowledge the only reasonable inference; the judge's prescriptive statements on certain facts and failure to canvass with counsel the giving and ambit of a special direction rendered the summing up unsafe. Accordingly the conviction was unsafe and quashed; a retrial was ordered.
22 Jul 2005

RE CHIN KAM CHIU AND OTHERS

Citation

RE CHIN KAM CHIU AND OTHERS
Court

Court of Appeal
Case number

CACC179/2004

Although the summing up inadequately encapsulated defence points specific to each defendant, the evidence that 25 letters of credit were issued without underlying transactions and that defendants appreciated the resulting risk to the bank was overwhelming; the trial judge's directions on law, immunities and expert evidence were broadly correct; any irregularity did not cause miscarriage of justice and the proviso to the Criminal Procedure Ordinance permits dismissal of the appeals against conviction.
22 Jun 2001

HKSAR v. CHEUNG WAI MING

Citation

HKSAR v. CHEUNG WAI MING
Court

Court of Appeal
Case number

CACC571/1998

Leave to appeal against convictions and sentences was dismissed because the trial evidence was sufficient and properly admitted, the judge's warnings (including about accomplice evidence) were adequate, the identified misdirection was immaterial on the facts, the computer-assisted illustration did not add substantive evidence and was permissible, and the sentences were not manifestly excessive.
22 Nov 1995

R. v. YAN WAI CHUNG

Citation

R. v. YAN WAI CHUNG
Court

Court of Appeal
Case number

CACC243/1995

Convictions on counts 3 (possession of Rohypnol) and 4 (manufacture contrary to s.6(1)(a)) are unsafe because the judge misdirected the jury by equating knowledge that manufacture was occurring with involvement in manufacture and by permitting inference of knowledge from tenancy/access without requiring proof of occupation or visits; manufacturing requires proof the accused did something to help or participated, not mere knowledge, therefore convictions quashed.