Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Standard of proof for admissibility (prima facie)
  • 29 Sept 1993

    R. v. ALICK AU SHUI YUEN

    Citation
    R. v. ALICK AU SHUI YUEN
    Court
    Court of Appeal
    Case number
    CACC470/1992

    The Court refused leave to appeal, holding that the judge correctly applied the co-conspirator rule and that a prima facie independent evidential foundation was required and present; any procedural imprecision (judge leaving certain matters to the jury) was harmless to the accused; lies may amount to corroboration if deliberate, clearly false and motivated by fear of truth; cumulatively the independent evidence (hotel, telephone and travel records and Reid's testimony) was sufficient to corroborate and support the conviction; sentence of four years was appropriate and is affirmed.

    • Co-conspirator's rule
    • Hearsay and admissibility
    • Corroboration of accomplice evidence
    • Lies as corroboration
    • Standard of proof for admissibility (prima facie)
    • Jury directions