THE QUEEN v. LI HUNG WAH AND OTHERS

THE QUEEN v. LI HUNG WAH AND OTHERS

The judge exercised discretion to exclude A2's police statement because a confession made to police and later retracted in court is inherently suspect; voluntariness in the widest sense remained in doubt despite the voir dire findings, and that doubt justified excluding the statement from evidence.

Citation
THE QUEEN v. LI HUNG WAH AND OTHERS
Parties
Prosecution: The Queen; Accused: LI Hung-wah; Accused: LI Chi-ho; Accused: LI Chi-man; Accused: Yeung Tai-kin
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
29 November 1972
Case Number
DCCC162/1972
Procedural Posture
Criminal (consolidated Trial) / Ruling on Admissibility of Confession (voir Dire Considered)
Outcome
Statement of A2 excluded from evidence
Legal Topics
Confessions, Voluntariness of Statements, Admissibility of Evidence, Police Interviews, Judicial Discretion
Source Language
EN
Criminal Law Evidence Law Procedure Confessions Voluntariness of Statements Admissibility of Evidence Police Interviews Judicial Discretion

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Parties

The Queen

Prosecution

LI Hung-wah

Accused

LI Chi-ho

Accused

LI Chi-man

Accused

Yeung Tai-kin

Accused

Procedural Posture

Criminal (consolidated Trial) / Ruling on Admissibility of Confession (voir Dire Considered)

Legal Issues

  1. 1 Whether A2's written statement to police is admissible
  2. 2 Whether the confession was made voluntarily in the widest sense
  3. 3 Whether a voir dire finding in favour of admissibility is conclusive

Ratio Decidendi

The judge exercised discretion to exclude A2's police statement because a confession made to police and later retracted in court is inherently suspect; voluntariness in the widest sense remained in doubt despite the voir dire findings, and that doubt justified excluding the statement from evidence.

Court Disposition

Statement of A2 excluded from evidence

Orders

  • Statement of A2 excluded from evidence
  • Crown may consider making an application under section 81(2) of the Criminal Procedure Ordinance