Hong Kong Case Law: Decisions & Judgments

Topic

Bribery and corruption

Legal area

Court

26 Jun 2000

SECRETARY FOR JUSTICE v. LAM TAT MING AND ANOTHER

Citation

SECRETARY FOR JUSTICE v. LAM TAT MING AND ANOTHER
Court

Court of Final Appeal
Case number

FACC9/1999

The court held that the residual discretion must be exercised to secure a fair trial and is limited to assessing whether admitting a voluntary confession would be unfair judged against requirements of a fair trial (including protection of the right of silence); in undercover operations passive recording is ordinarily admissible but active interrogation by an undercover agent will ordinarily justify exclusion; on the facts complete determination of exercise of discretion required the full transcripts, so the Court allowed the appeal, reversed the acquittals and remitted the matter for trial.
8 Jun 1994

Attorney General v. So Chee Kong Eddie

Citation

Attorney General v. So Chee Kong Eddie
Court

Court of Appeal
Case number

CAAR9/1992

The trial judge erred in principle by ordering full concurrency for multiple separate corrupt transactions; the overall sentence was manifestly inadequate and should be increased under the totality principle to ten years, reduced to nine years having regard to mitigatory factors and delay, achieved by making two years of one count consecutive.
10 Nov 1977

YEE PO v. THE QUEEN

Citation

YEE PO v. THE QUEEN
Court

Court of Appeal
Case number

CACC742/1977

The conviction was upheld because the evidence showed the appellant received corrupt payments and agreed to turn a blind eye such that an agreement not to perform police duties amounted to a conspiracy to obstruct the course of public justice; the trial judge's credibility findings were within allowable evaluation and the wrongly admitted 'tradition' evidence was harmless under the proviso to s.83(1).

Hong Kong Case Law

SECRETARY FOR JUSTICE v. LAM TAT MING AND ANOTHER

Attorney General v. So Chee Kong Eddie

YEE PO v. THE QUEEN