Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Specimen counts
  • 3 May 1999

    HKSAR v. LI KIN HO

    Citation
    HKSAR v. LI KIN HO
    Court
    Court of Appeal
    Case number
    CACC409/1998

    Convictions on Counts 4 and 5 were quashed because the prosecution led evidence of multiple acts of intercourse over a period to prove single-count offences without sufficient particularity or election, contrary to the common law principle (as applied in Chim Hon-man) that a single-count charge must be founded on proof of a specific act or adequately particularised specimen count; by contrast the conviction on Count 6 stood because DNA/semen findings together with the forensic pathologist's evidence constituted corroboration capable of connecting the accused with the offence, and the five-yea…