Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Real evidence

  • 7 Mar 2024

    HKSAR v. MUKASERA ESTINA

    Citation
    [2024] HKCA 106
    Court
    Court of Appeal
    Case number
    CACC38/2021

    The appeal was dismissed because (1) the judge’s references to country‑of‑origin labels were comments on real exhibits open to jury inspection and did not engage the hearsay rule; (2) the summing‑up did not treat inconsistent prior statements as ipso facto proof of guilt and a specific lies direction was not required given counsel’s agreement and the context; and (3) complaints about PW3’s investigative remarks were peripheral, not objected to at trial and did not cause unfairness, so the convictions stand.

  • 7 Jul 2022

    HKSAR v. RIZANIA NOVIYANTI

    Citation
    [2022] HKCA 803
    Court
    Court of Appeal
    Case number
    CACC315/2018

    The Court held the jury were entitled to treat the weight of the bag as one circumstantial factor to be assessed by ordinary experience and inspection of exhibits, there was no breach of the hearsay rule in respect of packaging descriptions, no impermissible experiment took place, the judge's directions were adequate, and therefore there was no basis to disturb the conviction.