Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Summing-up/misdirection

  • 7 Mar 2024

    HKSAR v. MA CHUN KIT

    Citation
    [2024] HKCA 191
    Court
    Court of Appeal
    Case number
    CACC224/2020

    Leave to appeal was granted only on Ground 1 because there was a reasonably arguable issue whether the judge, by her summing-up remarks, provided an alternative basis of appropriation (later assumption of rights) potentially outside the indictment and not canvassed with the parties; Grounds 2 and 3 were refused as not reasonably arguable because the alleged Ghosh issue was mixed law and fact tied to the applicant's untested state of mind and the evidence, and the trial judge had given a full Mushtaq direction and the summation must be read as a whole so no material irregularity arose regardin…

  • 7 Nov 1995

    R. v. IP KWONG WING

    Citation
    R. v. IP KWONG WING
    Court
    Court of Appeal
    Case number
    CACC560/1994

    The appeal was allowed because the trial judge failed to properly define and instruct the jury on the essential legal elements of possession (knowledge and custody or control, including possibility of joint possession); that misdirection was material and constituted a fatal flaw warranting overturning the conviction.

  • 8 Dec 1983

    THE QUEEN v. LIU WING-CHEONG AND OTHERS

    Citation
    THE QUEEN v. LIU WING-CHEONG AND OTHERS
    Court
    Court of Appeal
    Case number
    CACC464/1983

    The Court ordered a retrial for the 3rd applicant because prejudice arising from disclosure of prior conviction and the fact his case rested solely on a confession rendered conviction unsafe; quashed the 1st applicant's convictions on counts 3–5 and set aside the sentences because the judge materially misdirected the jury about the chronology of confessional evidence; upheld the remaining convictions for the 1st and 2nd applicants applying the proviso where any trial deficiencies were not sufficiently prejudicial in light of overwhelming corroborative evidence.