THE QUEEN v. CHAN YAM-FAI AND ANOTHER

THE QUEEN v. CHAN YAM-FAI AND ANOTHER

The trial magistrate's credibility findings that P.W.1 and the recording officers were honest and convincing were entitled to weight; the cautioned statements were properly admitted as voluntary and appropriately weighed; the cross-examination about spouses did not cause prejudice affecting the verdicts, and therefore the convictions are safe and appeals are dismissed.

Citation
THE QUEEN v. CHAN YAM-FAI AND ANOTHER
Parties
Respondent: THE QUEEN; 1st Appellant: CHAN Yam-fai; 2nd Appellant: WONG Ching-ho
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
13 March 1985
Case Number
HCMA176/1985
Procedural Posture
Criminal Appeal (magistracy Appeal) / Judgment on Appeal
Outcome
Appeals dismissed; convictions upheld
Legal Topics
Perverting the Course of Justice, Conspiracy to Pervert the Course of Justice, Admissibility of Confessions, Credibility of Accomplice Witnesses, Prosecution Comment on Failure to Call Witness (spouse)
Source Language
EN
Criminal Law Evidence Procedure Perverting the Course of Justice Conspiracy to Pervert the Course of Justice Admissibility of Confessions Credibility of Accomplice Witnesses Prosecution Comment on Failure to Call Witness (spouse)

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Parties

THE QUEEN

Respondent

CHAN Yam-fai

1st Appellant

WONG Ching-ho

2nd Appellant

Procedural Posture

Criminal Appeal (magistracy Appeal) / Judgment on Appeal

Legal Issues

  1. 1 Whether cautioned statements of appellants were admissible and what weight to attach to them
  2. 2 Whether the testimony of an accomplice (P.W.1) was so unreliable that convictions could not stand
  3. 3 Whether cross-examination and implied comment on appellants' failure to call their spouses breached s.54(1)(b) Cap.221 and caused prejudice

Ratio Decidendi

The trial magistrate's credibility findings that P.W.1 and the recording officers were honest and convincing were entitled to weight; the cautioned statements were properly admitted as voluntary and appropriately weighed; the cross-examination about spouses did not cause prejudice affecting the verdicts, and therefore the convictions are safe and appeals are dismissed.

Court Disposition

Appeals dismissed; convictions upheld

Orders

  • Appeals by CHAN Yam-fai and WONG Ching-ho dismissed
  • Convictions in the consolidated magistracy trial upheld