HKSAR v. KIU MEI LING AND OTHERS

HKSAR v. KIU MEI LING AND OTHERS

The court excluded exhibit P13 because the prosecution failed to prove the Indemnity Agreement was made voluntarily; the promise of forbearance and the possible police report, given the power imbalance and circumstances, amounted to inducements that could have sapped the 1st accused's free will, so the document was inadmissible.

Citation
[2019] HKCFI 846
Parties
Prosecution: HKSAR; 1st Accused: KIU Mei-ling (喬美齡); 2nd Accused: HA Ting-pong (夏定邦); 3rd Accused: HA Wai-shing (夏偉成)
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
26 March 2019
Case Number
HCCC348/2017
Procedural Posture
Criminal Case / Voir Dire and Ruling on Admissibility of Exhibit P13 During Trial
Outcome
Exhibit P13 (Indemnity Agreement) ruled inadmissible
Legal Topics
Admissibility of Documentary Evidence, Voluntariness of Admissions, Inducement and Threats, Power Imbalance in Employer Employee Interactions, Forbearing Action as Inducement
Source Language
EN
Criminal Law Evidence Law Employment Law Admissibility of Documentary Evidence Voluntariness of Admissions Inducement and Threats Power Imbalance in Employer Employee Interactions Forbearing Action as Inducement

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Parties

HKSAR

Prosecution

KIU Mei-ling (喬美齡)

1st Accused

HA Ting-pong (夏定邦)

2nd Accused

HA Wai-shing (夏偉成)

3rd Accused

Procedural Posture

Criminal Case / Voir Dire and Ruling on Admissibility of Exhibit P13 During Trial

Legal Issues

  1. 1 Whether the Indemnity Agreement (exhibit P13) was made voluntarily by the 1st accused
  2. 2 Whether the forbearance promise and threat of police report constituted an inducement rendering the document involuntary
  3. 3 Whether the prosecution discharged the burden of proving voluntariness

Ratio Decidendi

The court excluded exhibit P13 because the prosecution failed to prove the Indemnity Agreement was made voluntarily; the promise of forbearance and the possible police report, given the power imbalance and circumstances, amounted to inducements that could have sapped the 1st accused's free will, so the document was inadmissible.

Court Disposition

Exhibit P13 (Indemnity Agreement) ruled inadmissible

Orders

  • Exhibit P13 excluded from evidence