Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Police witness credibility

  • 19 May 2015

    香港特別行政區 訴 羅海富

    Citation
    香港特別行政區 訴 羅海富
    Court
    Court of Appeal
    Case number
    CACC289/2014

    The appeal succeeds because the trial judge's summing‑up contained a misdirection that invited the jury to disbelieve the applicant's allegation that police planted drugs and implicitly privileged police credibility; that misdirection, on the central issue of witness credibility, made the conviction unsafe. The complaint about denial of calling police witness 34970 fails because the record shows no formal late application and the judge's case management warnings were proper. Accordingly the conviction and sentence are quashed and a retrial ordered, with the applicant remanded (no bail pending…

  • 18 Feb 2000

    HKSAR v. LEUNG KA YIN

    Citation
    HKSAR v. LEUNG KA YIN
    Court
    Court of Appeal
    Case number
    CACC225/1999

    Although judges should avoid comments that suggest police are unlikely to fabricate evidence or emphasise consequences of perjury, in a judge-alone trial the professional judge is unlikely to be biased by such remarks; the complained passage did not place police beyond criticism nor render the convictions unsafe because independent credible evidence supported the convictions; application for leave to appeal is dismissed.