Hong Kong Case Law: Decisions & Judgments

Topic

Magistrate's reasons for verdict

Legal area

Court

11 Feb 2004

HKSAR v. WU PAK HUNG

Citation

HKSAR v. WU PAK HUNG
Court

Court of First Instance
Case number

HCMA1027/2003

The appeal was dismissed because the magistrate properly found PW1 honest, credible and reliable, the apparent discrepancies between PW1 and PW3 were not material to the critical issue of possession and knowledge, the magistrate was not obliged to address those inconsistencies orally given they were not crucial, and the prosecution proved beyond reasonable doubt that the appellant was in possession of the drugs.
20 Dec 1990

THE QUEEN v. WONG SHING FAI

Citation

THE QUEEN v. WONG SHING FAI
Court

Court of First Instance
Case number

HCMA1482/1990

Because the magistrate did not indicate in his oral judgment that he had warned himself on identification and corroboration — both of which are essential and elementary directions in this case — the conviction could not be seen to be safe or to have been seen to be done; the appellate court therefore allowed the appeal, set aside the conviction and ordered a retrial.
24 Jun 1988

CHENG SAI HUNG v. THE QUEEN

Citation

CHENG SAI HUNG v. THE QUEEN
Court

Court of First Instance
Case number

HCMA1052/1987

The magistrate's credibility findings and factual conclusions were reasonable and safe: the inconsistencies in prosecution evidence were minor or explicable, the magistrate had the advantage of observing witnesses, and absent clear grounds to find the verdict unsafe the appellate court will not interfere; accordingly the appellant's convictions and fines are upheld.

Hong Kong Case Law

HKSAR v. WU PAK HUNG

THE QUEEN v. WONG SHING FAI

CHENG SAI HUNG v. THE QUEEN