Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Admissions and out‑of‑court statements

  • 23 Sept 2022

    HKSAR v. REESE ROBERT MILES DAVID

    Citation
    [2022] HKCA 1109
    Court
    Court of Appeal
    Case number
    CACC37/2022

    Although aspects of the expert evidence were unsatisfactory and the applicant raised arguable grounds that the jury/judge may have mischaracterised his interview and not considered the eMule issue, the quantity of child pornographic material, filenames referencing preteen content, search records and the applicant's admissions provided sufficient basis to convict; the Court therefore granted leave to appeal as the grounds were reasonably arguable but did not find the conviction clearly unsustainable on the material before the trial judge.

    • Possession of child pornography
    • Statutory defence (knowledge/suspicion)
    • Expert forensic evidence (digital)
    • Admissions and out‑of‑court statements
    • Use of peer‑to‑peer software (emule)
    • Sentencing guidelines

  • 10 Mar 2017

    HKSAR v. TSANG YAU MAY AND ANOTHER

    Citation
    HKSAR v. TSANG YAU MAY AND ANOTHER
    Court
    Court of Appeal
    Case number
    CACC16/2016

    The court held that, taken together, the timing and nature of the transactions (purchase of an off‑the‑shelf company, a cooperation agreement immediately after estate transfer, a $10M loan/repayment, a $12M jade sale with only $10.13M paid into the seller's personal account opened same day, failure to recover balance, rapid deregistration of Bright Jade), the low independent expert valuations, the presence of probate litigation material at the 2nd applicant's residence, and the applicants' failure to give evidence or to explain these matters permitted the irresistible inference of a conspirac…

    • Leave to appeal
    • Circumstantial evidence
    • Expert valuation
    • Admissions and out-of-court statements
    • Adverse inferences from silence/denial
    • Off‑the‑shelf company transactions