Hong Kong Case Law: Decisions & Judgments

Topic

Admissibility and voluntariness of statements

Legal area

Court

9 Apr 2024

香港特別行政區訴馮米利

Citation

[2024] HKCFI 1151
Court

Court of First Instance
Case number

HCMA53/2024

The magistrate's acceptance of the prosecution witnesses and the appellant's recorded admissions in the interview were properly based on credibility findings and the evidence showed the marriage was arranged as a sham to procure entry and residence; on rehearing the Court of First Instance, after assessing the written record and evidence, reached the same conclusion beyond reasonable doubt and applied the established sentencing starting point of 18 months, so the conviction and sentence are upheld.
22 Oct 2012

HKSAR v. CHAU PAK KIN

Citation

HKSAR v. CHAU PAK KIN
Court

Court of Appeal
Case number

CACC444/2011

The trial judge correctly admitted the Applicant's statements as voluntary after evaluating the video interview and surrounding circumstances, properly rejected the exculpatory parts, and—given those admissions together with credible prosecution witnesses—the conviction for conspiracy was safe; therefore leave to appeal against conviction is dismissed and the appellate court will not disturb credibility findings.
27 Aug 1998

HKSAR v. NGAI MAN YIN AND ANOTHER

Citation

HKSAR v. NGAI MAN YIN AND ANOTHER
Court

Court of Appeal
Case number

CACC70/1997

The Court held that the convictions for conspiracy to cause explosion and possession of explosive substance were properly supported by circumstantial evidence and admissible voluntary statements and thus should stand; however the conviction for allowing themselves to be carried in a vehicle without authority could not be sustained because the facts did not permit the irresistible inference that the vehicle was used without owner authority or that permission had been withdrawn, so that conviction was quashed; sentences were not excessive and were left intact for the upheld convictions.
18 Mar 1974

SO FAT CHEUNG AND ANOTHER v. THE QUEEN

Citation

SO FAT CHEUNG AND ANOTHER v. THE QUEEN
Court

Court of Appeal
Case number

CACC584/1973

The convictions were upheld because, viewed as a whole, the evidence (drug factory premises, recipe and paraphernalia, keys linked to premises and cubicle, drug traces on fingernails, flight and implausible alibi) amply supported the jury's finding of knowledge and possession; the defective direction on joint possession was not fatal in the circumstances; exclusion of an earlier statement does not automatically invalidate later answers unless inducement persisted.

Hong Kong Case Law

香港特別行政區 訴 馮米利

HKSAR v. CHAU PAK KIN

HKSAR v. NGAI MAN YIN AND ANOTHER

SO FAT CHEUNG AND ANOTHER v. THE QUEEN

香港特別行政區訴馮米利