Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Triad-society offence
  • 31 Dec 1998

    HKSAR v. SIN CHI YIN

    Citation
    HKSAR v. SIN CHI YIN
    Court
    Court of First Instance
    Case number
    HCMA511/1998

    Because the magistrate's oral reasons did not demonstrate he had addressed the critical weaknesses in the identification evidence and did not rule on the expert status and admissibility of the police sergeant's triad evidence, the convictions were unsafe; subsequent written findings were ex post facto and could not cure the deficiency, therefore the appeals against conviction succeed and the sentences are set aside, and the triad-membership conviction fails for lack of admissible evidence proving the first element of the offence.