Lau Cheong v HKSAR 2002 Li CJ Ribeiro PJ In the case of murder the actus reus

Lau cheong v hksar 2002 li cj ribeiro pj in the case

This preview shows page 33 - 37 out of 52 pages.

Lau Cheong v HKSAR (2002), Li CJ & Ribeiro PJ: ‘In the case of murder, the actus reus crucially involves causing the death of another person . Of course, if the accused intentionally causes that death, the mens rea requirement is satisfied.’ The Criminal Quantum of Proof Proof beyond reasonable doubt: Kwan Ping Bong v The Queen (1979), the Privy Council (Lord Diplock): “There is no principle in the criminal law of Hong Kong more fundamental than that the prosecution must prove the existence of all essential elements of the offence … beyond all reasonable doubt ’”. 65 66
Image of page 33

Subscribe to view the full document.

34 ‘calls for a degree of certainty considerably higher than proof on a mere balance of probabilities … one (and the only one) that no reasonable man could fail to draw from the direct facts proved ’. If the trial court or jury cannot reasonably exclude any hypothesis consistent with the innocence of the accused , he must be acquitted . This heavy quantum encourages the prosecutor to devote his scarce resources to prosecuting the guiltiest individuals , i.e. those least able to raise any sensible hypothesis in support for their innocence. Constitutional Protection of the Right to a Fair Trial Art 35(1), Basic Law: “Hong Kong residents shall have the right to confidential legal advice , access to the courts , choice of lawyers for timely protection of their lawful rights and interests or for representation in the courts , and to judicial remedies.” 67 68
Image of page 34
35 Art 87, Basic Law: “In criminal or civil proceedings in the Hong Kong Special Administrative Region, the principles previously applied in Hong Kong and the rights previously enjoyed by parties to proceedings shall be maintained . Anyone who is lawfully arrested shall have the right to a fair trial by the judicial organs without delay and shall be presumed innocent until convicted by the judicial organs.” Article 10, HKBOR: “All persons shall be equal before the courts and tribunals. In the determination of any criminal charge against him, or of his rights and obligations in a suit at law, everyone shall be entitled to a fair and public hearing by a competent, independent and impartial tribunal established by law…. any judgment rendered in a criminal case or in a suit at law shall be made public except where the interest of juvenile persons otherwise requires or the proceedings concern matrimonial disputes or the guardianship of children.” 69 70
Image of page 35

Subscribe to view the full document.

36 Article 11, HKBOR: (1) Everyone charged with a criminal offence shall have the right to be presumed innocent until proved guilty according to law. (2) In the determination of any criminal charge against him, everyone shall be entitled to the following minimum guarantees , in full equality— (a)to be informed promptly (c)to be tried without undue delay ; (d)… to defend himself in person or through legal assistance of his own choosing; … and to have legal assistance assigned to him , in any case where the interests of justice so require , and without payment by him in any such case
Image of page 36
Image of page 37
  • Spring '15

What students are saying

  • Left Quote Icon

    As a current student on this bumpy collegiate pathway, I stumbled upon Course Hero, where I can find study resources for nearly all my courses, get online help from tutors 24/7, and even share my old projects, papers, and lecture notes with other students.

    Student Picture

    Kiran Temple University Fox School of Business ‘17, Course Hero Intern

  • Left Quote Icon

    I cannot even describe how much Course Hero helped me this summer. It’s truly become something I can always rely on and help me. In the end, I was not only able to survive summer classes, but I was able to thrive thanks to Course Hero.

    Student Picture

    Dana University of Pennsylvania ‘17, Course Hero Intern

  • Left Quote Icon

    The ability to access any university’s resources through Course Hero proved invaluable in my case. I was behind on Tulane coursework and actually used UCLA’s materials to help me move forward and get everything together on time.

    Student Picture

    Jill Tulane University ‘16, Course Hero Intern

Ask Expert Tutors You can ask You can ask ( soon) You can ask (will expire )
Answers in as fast as 15 minutes