HKSAR V. LAI KAN YAU

[2025] HKCA 719 Court of Appeal 31 July 2025 • CACC177/2021 • 124 min read

11 cases cited (0 HK, 11 foreign)

Outcome

Appeal allowed

we allow the appeal and quash the conviction of murder.

Source: [2025] HKCA 719, Court of Appeal, decided 31 July 2025. Read directly from the judgment.

Judges (3)

M Poon Coram Macrae Coram Zervos Coram

Counsel (6)

Department of Justice Firm Ng & Co., Solicitors Firm Justin Ma Counsel Respondent Raymond Cheng Counsel Respondent Simon So Counsel Appellant Simon Young Counsel Appellant

Parties (2)

HKSAR Respondent Lai Kan-yau Appellant

Case Significance

HKSAR V. LAI KAN YAU [2025] HKCA 719 was heard by the Court of Appeal on 31 July 2025, concerning the Criminal Procedure Ordinance (s 83(1) and s 83V). The Court of Appeal allowed the appeal and quashed the conviction of murder, holding: "we allow the appeal and quash the conviction of murder."

Summary

Lai Kan-yau appealed against his High Court conviction and sentence for murder. The trial before a jury involved a stabbing death, with complex issues about post-offence conduct directions, identification evidence, self-defence, and provocation. After a two-day hearing, the Court of Appeal dismissed the appeal, finding no misdirection by the trial judge.

What was the outcome of HKSAR v. Lai Kan Yau [2025] HKCA 719?

The Court of Appeal allowed the appeal and quashed the conviction of murder, holding: "we allow the appeal and quash the conviction of murder." The proceedings concerned the Criminal Procedure Ordinance, including s 83(1) and s 83V.

Statutes Cited

Criminal Procedure Ordinance

s 83(1) s 83V

Cases Cited (11)

AU (2)

[2002] HCA 46 [2003] VSCA 180

HK (9)

(2002) 5 HKCFAR 209 (2003) 6 HKCFAR 113 (2004) 7 HKCFAR 126 (2010) 13 HKCFAR 20 (2017) 20 HKCFAR 149 [2020] 1 HKLRD 234 [2021] 4 HKLRD 382 [2022] HKCA 1777 [2023] 4 HKLRD 327