Hong Kong Case Law: Decisions & Judgments

Topic

Jury summing-up

Legal area

Court

8 Nov 2023

HKSAR v. LIM HUA SOON

Citation

[2023] HKCA 1272
Court

Court of Appeal
Case number

CACC219/2022

The judge exercised proper discretion in addressing the complain of improper questioning by reminding the jury to assess credibility, warning that counsel's arguments and suggestions are not evidence, and noting the prosecution did not rely on lies to prove guilt; accordingly no specific lies direction was required and the application for leave to appeal is without reasonable prospect of success.
21 Sept 2021

HKSAR v. LEUNG WAI KIT

Citation

[2021] HKCA 1408
Court

Court of Appeal
Case number

CACC292/2019

Leave to appeal was granted because the ground that the judge's directions exceeded proper bounds by inviting the jury to infer fabrication from lack of puttage without mentioning innocent explanations was reasonably arguable.
26 Jan 2021

HKSAR v. YIU CHI MING

Citation

[2021] HKCA 99
Court

Court of Appeal
Case number

CACC142/2018

The appeal is dismissed: no inferential‑reasoning direction was required because the prosecution did not present a standalone circumstantial case; and although the Mushtaq direction was not given in the verbatim structured form of the specimen, when viewed as a whole in the factual and procedural context of the trial the judge sufficiently conveyed the essential Mushtaq principles so the conviction is not unsafe.
23 Oct 2020

HKSAR v. CONTE GAOUSSOU

Citation

[2020] HKCA 865
Court

Court of Appeal
Case number

CACC112/2019

Leave to appeal was refused because the alleged errors were either not reasonably arguable or immaterial: the summing-up, when viewed in its entirety, was balanced; the good character slip was obvious and harmless; the directions on circumstantial evidence conformed to established specimen directions and did not reverse the burden; the contested factual matters and inferences were properly for the jury to decide and the evidence supported the jury’s verdict.
26 Jun 2019

HKSAR v. SITI HANDAYANI

Citation

[2019] HKCA 732
Court

Court of Appeal
Case number

CACC304/2018

The Court refused leave on the complaint of improper emphasis of the prosecution case but granted leave on the discrete issue of whether the judge should have given a credibility/good character direction in addition to her summing-up, since that question was reasonably arguable and could render the summing-up unfair in context.
4 Sept 2018

HKSAR v. PEREZ OSORIO LUIS FERNANDO

Citation

[2018] HKCA 567
Court

Court of Appeal
Case number

CACC284/2016

On the primary facts (telephone connections between applicant and the courier contact, calls to the hotel, applicant’s presence and conduct at the door and reaching for the suitcase, possession of significant cash and the high value of the drugs) a properly directed jury could reasonably infer the applicant knew the suitcase contained drugs; leaving attempt as alternative verdict was correct because the applicant was arrested before acquiring possession; the judge properly exercised discretion in refusing a good character direction and her directions on inferences and attempt were not unfair;…
6 Feb 2018

HKSAR v. CHAN KA CHUN

Citation

[2018] HKCFA 8
Court

Court of Final Appeal
Case number

FAMC22/2017

Leave to appeal was granted on the ground of substantial and grave injustice because it was reasonably arguable that the trial judge's summing-up relied on mistranslated portions of the applicant's interview in a way that may have deprived the applicant of a fair trial.
22 Feb 2017

HKSAR v. LO SHING LOK

Citation

HKSAR v. LO SHING LOK
Court

Court of Appeal
Case number

CACC5/2015

The conviction was quashed because the trial judge repeatedly mischaracterised and denigrated the defence in his summing-up, thereby presenting an unfair and unbalanced account to the jury that could have misled them; although the alternative verdict direction was unnecessary it caused no prejudice; in the interests of justice a retrial before a different judge was ordered.
21 Mar 2016

HKSAR v. TANG WAI LEUNG

Citation

HKSAR v. TANG WAI LEUNG
Court

Court of Appeal
Case number

CACC405/2014

Leave to appeal was refused because the officers were lawfully entitled to demand identity and to pursue the applicant to his unit; the applicant's conduct justified restraint and arrest and entry to the room; even if there had been illegality that would not automatically exclude the drugs; the trial judge properly directed the jury on the hostile witness and on credibility matters, leaving factual determinations to the jury.
7 Feb 2014

HKSAR v. MAHMOOD YASAR

Citation

HKSAR v. MAHMOOD YASAR
Court

Court of Appeal
Case number

CACC303/2012

The judge's summing-up and directions were adequate to address the inferences relied upon by the prosecution and the points raised by defence; no material omission (including no need for a lies direction) rendered the trial unfair; the evidence was sufficient for the jury to find knowledge and custody/control; therefore the application for leave to appeal against conviction is without merit and is dismissed.