Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Provocation instruction
  • 6 Aug 1992

    R. v. CHAN CHING FUNG

    Citation
    R. v. CHAN CHING FUNG
    Court
    Court of Appeal
    Case number
    CACC523/1991

    Appeal dismissed on Counts 1 and 2 (murder) because directions on provocation, burden and credibility did not render convictions unsafe; appeal allowed on Count 3 because the jury were improperly permitted to convict on a factual basis different from that pleaded and argued, and because the judge misdirected the jury on the law of attempt by applying a statutory test (Criminal Attempts Act 1981 approach) instead of Hong Kong common law and failed to distinguish clearly the required intent for attempted murder.