Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Proviso to section 83(1) criminal procedure ordinance

Legal area

Court

17 May 2007

HKSAR v. LAM KWONG WAI AND ANOTHER

Citation

HKSAR v. LAM KWONG WAI AND ANOTHER
Court

Court of Appeal
Case number

CACC213/2003

Even adopting the Court of Final Appeal's remedial interpretation that s20(3)(c) imposes only an evidential onus, the trial judge expressly rejected the defendants' accounts, found they hid and lied about possession, found intent to do ill, and on the evidence the prosecution proved the impermissible purpose beyond reasonable doubt; accordingly, the proviso to s83(1) CPO applies and the appeal is dismissed.
25 Apr 1995

R. v. KWAN CHIN TONG

Citation

R. v. KWAN CHIN TONG
Court

Court of Appeal
Case number

CACC57/1994

Crown counsel was entitled to cross-examine the accused and to argue the defence was a recent invention; the impugned passage in the summing-up was not sufficiently clear as a misdirection and, even if it were, any error was harmless under the proviso to section 83(1) Criminal Procedure Ordinance; appeal dismissed.