Hong Kong Special Administrative Region Court of Appeal

“ In any event, it is well settled that a conviction will be quashed on the ground of inconsistency with other verdicts if, and only if, it can be established by the appellant that the conclusion reached by the jury was one at which no reasonable jury who had applied their minds properly to the facts of the case could have arrived. A verdict will not be one which no reasonable jury could have arrived at, if there is a rational explanation for all of the jury’s verdicts. ”

“ We would add that the Judge carefully and properly directed the jury that each charge had to be considered separately; that even if the applicant was guilty of murder in relation to one particular deceased, he might still be not guilty in relation to another; or that, if he was guilty of manslaughter on one count, it did not mean he might not be acquitted on another count. The jury’s verdicts in the present case are indicative of the fact that they conscientiously followed this direction. ”

“ There is no issue concerning the manslaughter conviction on count 3 in respect of Tam Hui-man. The applicant himself asserts in his grounds of appeal that he should have been convicted of manslaughter in respect of both counts concerning the two daughters. We have no doubt that, if the killing of Tam Hui-man was not murder, it was manslaughter. It was an admitted fact that the applicant killed her and there can have been no doubt that his actions which brought it about were intentional and unlawful and obviously dangerous.
Mr Tam: cause of death, provocation and self-defence
30. ”