HKSAR v. LAM TAT MING AND ANOTHER

HKSAR v. LAM TAT MING AND ANOTHER

Applying the Court of Final Appeal's guidance, the judge concluded that the prolonged undercover operation actively pursued and questioned the defendants such that the interactions amounted to interrogation/elicitation; using those voluntary admissions would be unfair and jeopardise a fair trial, therefore the tapes, transcripts, translations and live evidence of the undercover operatives were excluded under the residual discretion.

Citation
HKSAR v. LAM TAT MING AND ANOTHER
Parties
Prosecution: HKSAR; 1st Defendant: Lam Tat Ming; 2nd Defendant: Ng Sai Hing
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
7 February 2001
Case Number
DCCC529/1997
Procedural Posture
Criminal / Voir Dire (trial Resumed After Court of Final Appeal Remittal)
Outcome
Challenged evidence excluded under residual judicial discretion as unfair; evidence of undercover operatives and recordings ruled inadmissible.
Legal Topics
Admissibility of Confessions, Voluntariness, Residual Judicial Discretion, Undercover Operations, Right to Silence, Elicitation/interrogation
Source Language
EN
Criminal Law Evidence Procedure Admissibility of Confessions Voluntariness Residual Judicial Discretion Undercover Operations Right to Silence +1 more

Case Brief

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Parties

HKSAR

Prosecution

Lam Tat Ming

1st Defendant

Ng Sai Hing

2nd Defendant

Procedural Posture

Criminal / Voir Dire (trial Resumed After Court of Final Appeal Remittal)

Legal Issues

  1. 1 Whether confessions obtained via prolonged undercover operation were voluntary and admissible
  2. 2 Scope of residual judicial discretion to exclude a confession found to be voluntary
  3. 3 Whether conduct of undercover operatives amounted to interrogation/elicitation derogating the accused's right to silence

Ratio Decidendi

Applying the Court of Final Appeal's guidance, the judge concluded that the prolonged undercover operation actively pursued and questioned the defendants such that the interactions amounted to interrogation/elicitation; using those voluntary admissions would be unfair and jeopardise a fair trial, therefore the tapes, transcripts, translations and live evidence of the undercover operatives were excluded under the residual discretion.

Court Disposition

Challenged evidence excluded under residual judicial discretion as unfair; evidence of undercover operatives and recordings ruled inadmissible.

Orders

  • Exclude from evidence the 39 tapes, their transcripts and translations and the live evidence of Ngau Wing and Heung Kai.
  • Costs in the District Court proceedings (1998–2001) to the defendants, taxed if not agreed.