27 July 2026
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In HKSAR v. Chiu Chung Yuen [2025] HKCFI 6172; HCCC 2/2024, Andrew Raffell and Phoebe Lau acted for the Defendant (“D”), who was charged with one count of Murder.
In trial, D took the witness box and gave the following evidence: -
- On the material day, D found out that the Deceased was sitting on a stool and smoking Ice (a dangerous drug) in D’s kitchen, without closing the door or switching on the exhaust fan
- D’s home is a small public housing unit
- Being worried that the smoke of the Ice might affect D’s 11-year-old son, who was in the sitting room, D leaned over the Deceased to grab a beef knife from the back of the Deceased, to threaten him to stop smoking Ice
- The Deceased suddenly jumped up from the stool and struck himself in the chest with the beef knife by accident
- D reported the incident to 999 and performed first aid
- The Deceased was certified dead on the same day
Being terrified by the chain of events, D came up with 6 versions of the events to the authority and 3 VRIs were conducted. However, it is worth noting that the version of events given by D after caution corroborates with what D said in his 3rd VRI and his evidence given in trial.
The government pathologist, a Prosecution witness, in the Autopsy Report, her witness statements and in her evidence given in trial under cross-examination, agreed with D’s version of events, that the wound of the Deceased fit in what D said in his 3rd VRI and D’s evidence given in trial.
After an 8-day trial, the jury returned unanimous verdicts of acquittal of Murder and guilty of Manslaughter by unlawful and dangerous act. D was sentenced to a term of imprisonment of 10 years (after deducting a 1/3 discount due to his guilty plea to manslaughter at the earliest opportunity).
In this case, the importance of a proper investigation and expert evidence in a criminal trial and how the outcome of a criminal case could have turned out differently with a proper investigation are illustrated.
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