Hong Kong Case Law: Decisions & Judgments

Topic

Photograph identification

Legal area

Court

15 Nov 2023

HKSAR v. LEUNG KWOK CHUNG

Citation

[2023] HKCFI 2881
Court

Court of First Instance
Case number

HCCC252/2020

The Photo ID Parade evidence was admissible because the parade was conducted by a superintendent not involved in the investigation, the OIC was only present but did not participate, the identification was one of recognition by a witness familiar with the defendant, the composition and origin of the photographs did not produce unfair prejudice, and the delay attributable to DoJ advice did not render the procedure unfair; accordingly there was no basis to exclude the evidence.
15 Feb 2017

HKSAR v. CHAN YIU SHING AND OTHERS

Citation

[2018] HKCFI 309
Court

Court of First Instance
Case number

HCCC41/2016

The photograph identification evidence was admissible because rule III(b) governs questioning of a charged suspect and was not engaged by identification of an absent defendant; the 2nd defendant was not questioned and had refused an identification parade; there was no infringement of his right to silence or fair trial and any prejudicial impact affects weight, not admissibility.
25 Jan 1983

WONG KWONG-TIN v. THE QUEEN

Citation

WONG KWONG-TIN v. THE QUEEN
Court

Court of Appeal
Case number

CACC1012/1982

The court held that the alleged prior exposure to a photograph, the parade procedures and the judge's comments did not render the identification unsafe; credible explanations (witness fear, late voluntary disclosure) and the overall cogency of the identification and circumstantial evidence meant there was no miscarriage of justice, so the application must be refused and the convictions stand.

Hong Kong Case Law

HKSAR v. LEUNG KWOK CHUNG

HKSAR v. CHAN YIU SHING AND OTHERS

WONG KWONG-TIN v. THE QUEEN