Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Misdirection of fact
  • 16 Aug 1985

    THE QUEEN v. CHAN KWAI HUNG

    Citation
    THE QUEEN v. CHAN KWAI HUNG
    Court
    Court of Appeal
    Case number
    CACC96/1985

    The appeal was allowed and conviction quashed because there was insufficient evidence that D3 planned or acted in concert with D1 and D2 when the demands with menaces were made and the trial judge placed undue weight on coincidental presence and fear, creating a sufficiently unsafe verdict to overturn the conviction.

  • 14 May 1982

    HON HOI-WAH AND ANOTHER v. THE QUEEN

    Citation
    HON HOI-WAH AND ANOTHER v. THE QUEEN
    Court
    Court of Appeal
    Case number
    CACC663/1981

    Although the trial judge's summing-up contained emphatic advocacy and a minor misdirection of fact, read as a whole it did not deny the appellants a fair trial; the judge gave appropriate warnings (including that facts were for the jury and about accomplice evidence) and the underlying facts and evidence were sufficiently strong that the jury would have been persuaded on the evidence alone; therefore the convictions were safe and the appeal was dismissed.

  • 23 Mar 1982

    WAI MAN v. THE QUEEN

    Citation
    WAI MAN v. THE QUEEN
    Court
    Court of Appeal
    Case number
    CACC705/1981

    Majority held that statutory presumptions in ss46 and 47 of the Dangerous Drugs Ordinance, once the appellant's possession of keys was proved beyond reasonable doubt, created a presumptive possession (including knowledge and control) which the appellant failed to rebut on the balance of probabilities; the misdirection about eating habits was not material and the proviso allows affirmation of the conviction. Therefore conviction for possession for purpose of trafficking is upheld. One judge dissented on materiality of the misdirection and would have quashed the conviction.