Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

S.65c criminal procedure ordinance

Legal area

Court

19 Aug 1982

ATTORNEY GENERAL v. LI CHING-KWAN

Citation

ATTORNEY GENERAL v. LI CHING-KWAN
Court

Court of Appeal
Case number

CACC700/1982

The magistrate erred in holding there was no case to answer: in the present circumstances the respondent's appearance coupled with his oral admission that he was a proprietor established his identity; alternatively, absent that admission, a Business Registration Certificate showing the same name and address constitutes prima facie evidence of identity sufficient to create a case to answer; merely cross-examining does not establish identity.
27 Jun 1974

LAM MAN WOO v. THE QUEEN

Citation

LAM MAN WOO v. THE QUEEN
Court

Court of Appeal
Case number

CACC251/1974

The conviction for possession for the purpose of unlawful trafficking was quashed because the record did not clearly establish a binding admission of possession of all three lots as required by s.65C principles and related authorities; where there is doubt as to whether an admission was validly made and relied upon, the conviction cannot stand. With Crown consent the court substituted a conviction for simple unlawful possession of the one lot proved (found in the rectum) and imposed a 15‑month consecutive sentence.