Hong Kong Case Law: Decisions & Judgments

Topic

Admissibility of cautioned/confessional statements

Legal area

Court

6 Jan 2011

HKSAR v. WONG CHI KWONG

Citation

HKSAR v. WONG CHI KWONG
Court

Court of First Instance
Case number

HCMA306/2010

The Duty Lawyer Service's procedure of not informing an impecunious defendant of the possibility of a waiver of the handling fee amounted to a denial of the appellant's article 11(2)(d) right to legal assistance in circumstances where the interests of justice required representation; that denial created a real risk of prejudice to the defence (given complexity and reliance on voluntariness of a cautioned statement), and accordingly the conviction was quashed.
4 Nov 1994

CHAN MING-FAT v. R.

Citation

CHAN MING-FAT v. R.
Court

Court of Appeal
Case number

CACC240/1994

The conviction was upheld because the Crown proved beyond reasonable doubt that the cautioned statements made in Hong Kong were voluntary based on credible police evidence; the Crown was not required to call Japanese officials to account for events in Japan; and the trial judge properly resolved credibility issues, justifying admission of the statements and supporting the conviction.
1 Sept 1989

THE QUEEN v. WONG PUI HO AND ANOTHER

Citation

THE QUEEN v. WONG PUI HO AND ANOTHER
Court

Court of Appeal
Case number

CACC44/1989

The Court upheld the trial judge's admission and acceptance of the cautioned statements as reliable basis for conviction and found no error in refusing to disturb credibility findings or the sentences; therefore the leave applications against conviction and sentence were dismissed.

Hong Kong Case Law

HKSAR v. WONG CHI KWONG

CHAN MING-FAT v. R.

THE QUEEN v. WONG PUI HO AND ANOTHER