Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Jury discharge discretion

Legal area

Court

18 Oct 1990

THE QUEEN v. CHU CHUN WAH AND OTHERS

Citation

THE QUEEN v. CHU CHUN WAH AND OTHERS
Court

Court of Appeal
Case number

CACC192/1989

Section 12 does not prohibit the prosecution from asking its own accomplice or immunised witnesses about prior convictions or triad membership where disclosure assists the tribunal of fact; an inartful prosecutorial remark implying others' good character did not warrant discharge absent prejudice and an application; discrepancies in evidence did not render the convictions unsafe given jury assessment of credibility and comprehensive summing up; accordingly leave to appeal against convictions refused and convictions upheld.
8 Jan 1986

THE QUEEN v. POON KAR PUN AND ANOTHER

Citation

THE QUEEN v. POON KAR PUN AND ANOTHER
Court

Court of Appeal
Case number

CACC370/1985

The Court held the trial judge did not err: PW7 was not shown to be an accomplice so no corroboration warning was required beyond the judge's strong directions about unreliability; the judge legitimately commented on PW1's statements in context of cross-examination; and the judge acted within his discretion in refusing to discharge the jury after inadvertent/inadmissible evidence by a police officer, having instructed the jury to ignore it in the strongest terms. Accordingly leave to appeal against conviction was refused.