Hong Kong Case Law: Decisions & Judgments

Topic

Admission evidence

Legal area

Court

28 Oct 2020

HKSAR v. WANG ZHI

Citation

[2020] HKCA 863
Court

Court of Appeal
Case number

CACC232/2018

Leave to appeal was granted only on discrete, reasonably arguable grounds: (1) an error in excluding or treating part of the applicant's testimony as hearsay; (2) potentially inadequate or misleading directions to the jury concerning the contested oral admission, inferences and the limited use of the police post-record; (3) failure to give a lifestyle direction; and (4) arguable error in enhancing sentence for importation. Other grounds were found not reasonably arguable and refused.
10 Mar 2005

HKSAR v. ZHANG WENJING

Citation

HKSAR v. ZHANG WENJING
Court

Court of First Instance
Case number

HCMA1060/2004

Dock identification by PW1 was inadmissible on the facts; however PW2's evidence of the appellant's admission that she was looking after the shop and his observation that she received payment on behalf of the business established that she 'joined in' the business in contravention of her permit; the court properly amended the charge under s119(1)(d) and dismissed the appeal.
9 Feb 1989

THE QUEEN v. TSOU SHING HING

Citation

THE QUEEN v. TSOU SHING HING
Court

Court of Appeal
Case number

CACC249/1988

Given the applicant's admissions in the cautioned statement and record of interview, the contextual meaning of 'tea money', the absence of a plausible innocent explanation and the relationship to the renovation contract, the trial judge permissibly inferred the payments were 'sweeteners' falling within s.9(1)(b); the judge did not err in exercising discretion to admit the interview evidence despite procedural breaches because there was no finding of oppression and the admissions were reliable, therefore conviction stands.

Hong Kong Case Law

HKSAR v. WANG ZHI

HKSAR v. ZHANG WENJING

THE QUEEN v. TSOU SHING HING