Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

No case to answer / sufficiency of evidence

Legal area

Court

28 Apr 1994

R. v. TO CHUN FUNG

Citation

R. v. TO CHUN FUNG
Court

Court of Appeal
Case number

CACC17/1993

The appeal is allowed because at the close of the prosecution case there was no admissible evidence that the complainant was pregnant when the appellant performed the curettage; the Crown conceded this point and accordingly the conviction could not stand; the conviction was quashed and the sentence set aside.
20 Mar 1987

THE QUEEN v. LO MAN_PUNG, EDDIE AND ANOTHER

Citation

THE QUEEN v. LO MAN_PUNG, EDDIE AND ANOTHER
Court

Court of Appeal
Case number

CACC59/1986

The Court allowed the appeals and quashed the convictions because the trial judge misdirected the jury on drawing inferences, failed in multiple respects to put significant aspects of the defence (including documentary evidence and contradictions in prosecution witnesses) to the jury, and specifically directed there was no evidence for the bribery count; these cumulative errors rendered the convictions unsafe and could not be cured by the proviso.