R. v. LEUNG KWOK YING

IN THE SUPREME COURT OF HONG KONG

(Appellate Jurisdiction)

MAGISTRACY APPEAL
NO. 1200 OF 1995

---------------

------------------------

J U D G M E N T

------------------------

Duffy, J.:

1. This was an appeal against a conviction for trafficking in dangerous drugs. The simple point in the appeal was that as identify was in issue in this case, it was incumbent upon the learned Magistrate to have reminded himself in accordance with the Turnbull guidelines of the inherent dangers associated with identification evidence. Mr Poll who appeared on the appeal but not in the court below reminded me of the authority of R. v. Beckford (1993) 97 Cr App R 409. That case was followed, though not specifically referred to, in a recent Hong Kong appeal R. v. Lau Chow Tong Cr App No.551 of 1994. Both these cases make it clear that in circumstances such as this, surprising as it may seem, it is necessary for courts to warn themselves of the inherent danger of relying on identification evidence. That the Magistrate did not do in this case and therefore I must allow the appeal.