Hong Kong Case Law: Decisions & Judgments

Topic

Probative vs prejudicial balancing

Legal area

Court

24 Jun 2014

HKSAR v. USMAN SAQIB

Citation

HKSAR v. USMAN SAQIB
Court

Court of First Instance
Case number

HCCC378/2013

The judge exercised discretion to refuse admission of the dock identification because the recognition arose only at trial after 18 months, the witness was not an eyewitness to the robbery and had not previously informed police she recognized anyone, the police had legitimate reasons for not holding an earlier parade, and the prejudicial effect of a dock identification (including depriving the defendant of a proper parade) outweighed any limited probative value.
12 Apr 2013

HKSAR v. LAU CHUN KIT

Citation

HKSAR v. LAU CHUN KIT
Court

Court of Final Appeal
Case number

FAMC62/2012

Leave refused. The repeated contacts were directly relevant to whether each contact was accidental; repetition gave the evidence sufficient probative force to justify admission despite its prejudicial effect under Zabed Ali, so no substantial and grave injustice was shown.
1 Dec 2005

HKSAR v. WAN HIN CHUNG, MIKE AND OTHERS

Citation

HKSAR v. WAN HIN CHUNG, MIKE AND OTHERS
Court

Court of Appeal
Case number

CACC163/2004

The Court held the monetary transfer documents were admissible as part of the background/full picture capable of rebutting the defence that D7 was merely a salaried employee; the trial judge's directions were adequate and did not permit improper use of the evidence by the jury; D7's inconsistency argument failed because the evidence against him materially differed from that against other defendants; accordingly D7's application to appeal his conviction was dismissed. On sentence, although some individual sentences were imperfectly arrived at, totality was appropriate; the Court reallocated in…

Hong Kong Case Law

HKSAR v. USMAN SAQIB

HKSAR v. LAU CHUN KIT

HKSAR v. WAN HIN CHUNG, MIKE AND OTHERS