Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Presumption of knowledge (s46)
  • 9 Dec 1982

    CHEUNG FUK-KI v. THE QUEEN

    Citation
    CHEUNG FUK-KI v. THE QUEEN
    Court
    Court of Appeal
    Case number
    CACC628/1982

    Although the trial judge used some unduly strong phrases suggesting the accused must "convince" the jury of innocence and that the jury had a duty to "suppress and punish" crime, these misdirections were immaterial because the judge clearly and correctly directed the jury that conviction required proof beyond reasonable doubt of the accused's guilty knowledge; therefore the conviction was safe. The sentence, however, was excessive relative to comparable cases and was reduced from 12 years to 9 years.