Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Retrial/proviso

  • 6 May 2022

    HKSAR v. HOANG GIA HUAN

    Citation
    [2022] HKCA 479
    Court
    Court of Appeal
    Case number
    CACC264/2018

    On the facts: (1) Hoang — the judge's comments about absence of fingerprints/DNA were contextual, reflected unchallenged evidence about what was examined and did not amount to material misdirection; appeal dismissed. (2) Manan — the trial judge erred by directing the jury that the absence of fingerprints 'proves nothing one way or the other' in unequivocal terms, thereby usurping the jury's fact-finding role; that ground established, conviction quashed and sentence set aside; retrial ordered; good character and interpreter grounds rejected.

  • 18 Dec 2007

    HKSAR v TSE HOI PAN, DOMINIC

    Citation
    HKSAR v TSE HOI PAN, DOMINIC
    Court
    Court of Appeal
    Case number
    CACC368/2006

    The judge's repeated remonstration that the immunised witness had 'lied' and that her immunity might be 'torn up', expressed in colloquial terms a lay witness could reasonably understand as meaning she must adhere to her prior police statement to avoid losing immunity; that created a material irregularity because it could have induced tailored testimony affecting the jury's assessment of key incriminating evidence; the court could not safely apply the proviso, therefore leave to appeal was granted and the conviction quashed, with a hearing to determine retrial.