Hong Kong Case Law: Decisions & Judgments

Topic

Summation directions

Legal area

Court

4 Nov 2021

HKSAR v. CHOW HEUNG WING, STEPHEN AND ANOTHER

Citation

[2021] HKCA 1655
Court

Court of Appeal
Case number

CACC5/2018

The Court held that the judge’s overall directions and handling of the trial were lawful and fair; effective control/hands-on management was an appropriate basis for a personal duty of care in the factual matrix of this case; gross negligence is to be judged objectively; appeals against conviction for both applicants were dismissed; appeals against sentence allowed in part and sentences reduced (D1 to 10 years, D2 to 8 years).
12 Apr 2018

HKSAR v. KHAN CHANGAZ

Citation

[2018] HKCA 197
Court

Court of Appeal
Case number

CACC117/2017

Given the extraordinary circumstances of a defence-called witness who had earlier admitted ownership of the drugs then disavowed that admission, and the attendant risk the jury might misuse that lie as proof of guilt, the judge rightly gave a lies direction; the directions on hostile witness creditworthiness and the remainder of the summing up were adequate in context and any minor verbal slip did not produce a miscarriage of justice; accordingly leave to appeal was dismissed.
14 Aug 1980

KWOK CHI-WAH AND ANOTHER v. THE QUEEN

Citation

KWOK CHI-WAH AND ANOTHER v. THE QUEEN
Court

Court of Appeal
Case number

CACC184/1980

Although many complaints about the summing-up were unfounded, the Court harbored a lurking doubt whether the jury appreciated the effect of acquittals on witness credibility; that uncertainty rendered the convictions unsafe and justified allowing the appeals.

Hong Kong Case Law

HKSAR v. CHOW HEUNG WING, STEPHEN AND ANOTHER

HKSAR v. KHAN CHANGAZ

KWOK CHI-WAH AND ANOTHER v. THE QUEEN