Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Trial judge case management
  • 19 May 2015

    香港特別行政區 訴 羅海富

    Citation
    香港特別行政區 訴 羅海富
    Court
    Court of Appeal
    Case number
    CACC289/2014

    The appeal succeeds because the trial judge's summing‑up contained a misdirection that invited the jury to disbelieve the applicant's allegation that police planted drugs and implicitly privileged police credibility; that misdirection, on the central issue of witness credibility, made the conviction unsafe. The complaint about denial of calling police witness 34970 fails because the record shows no formal late application and the judge's case management warnings were proper. Accordingly the conviction and sentence are quashed and a retrial ordered, with the applicant remanded (no bail pending…