Hong Kong Case Law: Decisions & Judgments

Topic

Police misconduct allegations

Legal area

Court

8 Mar 2013

香港特別行政區訴羅雪梅

Citation

香港特別行政區訴羅雪梅
Court

Court of First Instance
Case number

HCMA540/2012

The trial judge properly assessed and accepted the prosecution witnesses' testimony that the appellant performed reception and direction duties in addition to massaging, which constituted assisting to manage an unlicensed massage parlour; the evidence met the criminal standard of proof and there was no basis to order provision of legal aid or to admit unexplained late allegations of police misconduct, therefore the conviction is upheld.
14 Oct 2010

HKSAR v. YAU KA MING

Citation

HKSAR v. YAU KA MING
Court

Court of Appeal
Case number

CACC322/2009

The Court treated the notice of abandonment as a nullity because, on the evidence, the applicant did not appreciate its legal effect and immediately sought legal aid; however, on the merits the Court dismissed the application for leave to appeal because the conviction was supported by admissible evidence (including a voluntary admission and indicia of trafficking) and allegations of planting or police misconduct were unsupported and insufficient to overturn the conviction.
18 Nov 2004

HKSAR v. CHAN SUI WAI

Citation

HKSAR v. CHAN SUI WAI
Court

Court of Appeal
Case number

CACC125/2004

The Court found the trial judge correctly admitted the appellant's verbal admission, accepted the contemporaneous eyewitness and medical evidence that the appellant threw a chopper causing the injury, and concluded the proposed fresh evidence would not have cast doubt on the safety of the conviction; accordingly the appeal was dismissed.
8 Dec 1995

R. v. LAU FAU SHAN

Citation

R. v. LAU FAU SHAN
Court

Court of Appeal
Case number

CACC294/1995

The Court dismissed the application because the trial judge correctly directed the jury, explained and resolved the inconsistencies, the circumstantial evidence and fingerprint supported the inferences of possession and trafficking, and there was no evidence connecting the arresting officers to the applicant's ICAC allegations that would undermine their credibility or render the verdict unsafe.
24 Apr 1986

THE QUEEN v. KEUNG SAI CHUNG (D2) AND OTHERS

Citation

THE QUEEN v. KEUNG SAI CHUNG (D2) AND OTHERS
Court

Court of Appeal
Case number

CACC19/1985

The Court held applications for leave to appeal against conviction were without merit: the post-voir dire note-reading incident did not vitiate the trial because a witness may refresh memory and the incident affected weight not admissibility; the trial judge correctly exercised discretion under s.75 not to raise fitness to be tried absent a real and substantial question and based on subsequent medical evidence; the cautioned statements were properly admitted as voluntary on the evidence; directions and summing up were not unfair or prejudicial to require reversal; indictment form and evidence…
13 Oct 1980

YIP TAK SHING v. THE QUEEN

Citation

YIP TAK SHING v. THE QUEEN
Court

Court of Appeal
Case number

CACC706/1980

The magistrate's implicit finding that the cautioned statement was given freely and voluntarily, together with corroborative volunteered admissions, provided ample evidence to support the conviction; ambiguous, unpursued allegations of police assault and absence of explicit findings did not render the conviction unsafe.
30 Nov 1978

LEUNG TO HO v. THE QUEEN

Citation

LEUNG TO HO v. THE QUEEN
Court

Court of Appeal
Case number

CACC1082/1978

The magistrate's adverse credibility finding was based on a mischaracterisation of the sergeant's evidence and an unreasonable inference that the appellant had not diligently pursued his complaint about money taken; because the conviction was thus unsafe the appeal was allowed and the conviction quashed.

Hong Kong Case Law

香港特別行政區 訴 羅雪梅

HKSAR v. YAU KA MING

HKSAR v. CHAN SUI WAI

R. v. LAU FAU SHAN

THE QUEEN v. KEUNG SAI CHUNG (D2) AND OTHERS

YIP TAK SHING v. THE QUEEN

LEUNG TO HO v. THE QUEEN

香港特別行政區訴羅雪梅