HKSAR v. FUN TSZ YIN, BENNY AND ANOTHER

HKSAR v. FUN TSZ YIN, BENNY AND ANOTHER

The appeal is allowed and convictions quashed because the trial contained material legal errors: the signed confession of PW4 was inadmissible as a prior consistent statement and was relied upon by the magistrate in assessing credibility; the magistrate failed properly to address the risks inherent in accomplice testimony and misapprehended and improperly weighed evidence concerning key exhibits and witness attendance, such that it is just to set aside the convictions.

Citation
HKSAR v. FUN TSZ YIN, BENNY AND ANOTHER
Parties
Respondent: HKSAR; 1st Appellant: FUN TSZ YIN, BENNY; 2nd Appellant: CHONG CHEUK WAH, ANDY
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
19 March 2002
Case Number
HCMA978/2001
Procedural Posture
Magistracy Criminal Appeal / Determination on Appeal (court of First Instance Judgment)
Outcome
Appeals allowed; convictions quashed and set aside
Legal Topics
Bribery, Confession Evidence, Hearsay, Accomplice Evidence, Appellate Review of Magistrates' Findings
Source Language
EN
Criminal Law Anti Corruption Law Evidence Law Bribery Confession Evidence Hearsay Accomplice Evidence Appellate Review of Magistrates' Findings

Case Brief

Summary, issues, holding and outcome

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Parties

HKSAR

Respondent

FUN TSZ YIN, BENNY

1st Appellant

CHONG CHEUK WAH, ANDY

2nd Appellant

Procedural Posture

Magistracy Criminal Appeal / Determination on Appeal (court of First Instance Judgment)

Legal Issues

  1. 1 Admissibility of a signed confession used in examination-in-chief and its use as evidence of consistency
  2. 2 Whether the confession was involuntary
  3. 3 Whether the magistrate improperly relied on inadmissible or valueless evidence when assessing credibility

Ratio Decidendi

The appeal is allowed and convictions quashed because the trial contained material legal errors: the signed confession of PW4 was inadmissible as a prior consistent statement and was relied upon by the magistrate in assessing credibility; the magistrate failed properly to address the risks inherent in accomplice testimony and misapprehended and improperly weighed evidence concerning key exhibits and witness attendance, such that it is just to set aside the convictions.

Court Disposition

Appeals allowed; convictions quashed and set aside

Orders

  • Appeals allowed and convictions of both appellants set aside