Hong Kong Case Law: Decisions & Judgments

Topic

Trial in absence of accused

Legal area

Court

18 Jan 1983

CHAN BAK-CHIU AND ANOTHER v. THE QUEEN

Citation

CHAN BAK-CHIU AND ANOTHER v. THE QUEEN
Court

Court of Appeal
Case number

CACC1207/1982

Convictions quashed because trial contained material procedural irregularities that prejudiced defendants: the magistrate proceeded in the absence of multiple defendants without recording reasons and denied them opportunity to give evidence; the magistrate also mishandled the admissibility ruling on a police statement by addressing it after the Crown closed and by denying proper cross-examination; these errors rendered convictions unsafe and a retrial ordered.
24 Feb 1982

HONG YUK-LIN v. THE QUEEN

Citation

HONG YUK-LIN v. THE QUEEN
Court

Court of Appeal
Case number

CACC988/1981

Because the appellant voluntarily absconded but was unrepresented and her presence was necessary for the conduct of her defence, the trial judge should have exercised his discretion to adjourn; proceeding in her absence rendered the conviction unsafe and a new trial was ordered.
27 Mar 1981

THE QUEEN v. CHU MIU-TAK AND ANOTHER

Citation

THE QUEEN v. CHU MIU-TAK AND ANOTHER
Court

District Court
Case number

DCCC258/1980

Hong Kong courts share the common law discretion to continue a criminal trial in the absence of a defendant who has voluntarily and deliberately absconded while on bail; where the prosecution evidence is complete and the defendant had elected not to give evidence, the court may, in the interests of justice and public interest, order the trial to continue. In this case the 1st defendant voluntarily absconded after the close of the prosecution case and the trial was correctly continued in his absence, subject to the defendant's right to later challenge on grounds of involuntary absence.

Hong Kong Case Law

CHAN BAK-CHIU AND ANOTHER v. THE QUEEN

HONG YUK-LIN v. THE QUEEN

THE QUEEN v. CHU MIU-TAK AND ANOTHER