Hong Kong Case Law: Decisions & Judgments

Topic

Cautioned interviews

Legal area

Court

29 Apr 2019

HKSAR v. STRACHAN, RAEWYN CATHERINE

Citation

[2019] HKCFI 1117
Court

Court of First Instance
Case number

HCMA462/2018

The magistrate properly exercised his discretion to refuse trial costs because the appellant's admissions in her third cautioned interview (that she knocked over items and had a push and shove during which she possibly injured the complainant) amounted to conduct that brought suspicion upon her, a valid ground to deprive costs; appellate court therefore declined to interfere with that discretionary decision.
18 Nov 2010

HKSAR v. NG SIU TING

Citation

HKSAR v. NG SIU TING
Court

Court of First Instance
Case number

HCMA29/2010

The court found the magistrate rightly accepted the credibility of PW1, PW2 and PW3; the appellant's post‑record and cautioned interview were voluntary and understood by her; any procedural irregularity did not produce unfairness sufficient to exclude admissions; the psychiatric evidence did not establish incapacity to make or understand admissions; therefore the conviction for theft was safe and the appeal was dismissed.
19 Jan 2010

HKSAR v. CHONG KO LAN AND ANOTHER

Citation

HKSAR v. CHONG KO LAN AND ANOTHER
Court

Court of First Instance
Case number

HCMA693/2009

Both convictions were unsafe: A1's conviction was quashed because the Magistrate failed to adequately explain rejection of his account and the matters relied on did not establish guilty knowledge beyond reasonable doubt; A2's conviction was quashed because identification and the link between the recovered iron and Geotech were not sufficiently proven and the inferences drawn were not the only reasonable ones.
11 Jul 2007

HKSAR v. CHENG CHUN WAI

Citation

HKSAR v. CHENG CHUN WAI
Court

Court of First Instance
Case number

HCMA724/2006

The admissions made to undercover officers were admissible and, when assessed together with the circumstantial evidence (opportunity to access and alter examination materials, fingerprint and matching documents in others' possession), supported a safe conviction for misconduct in public office; however the original sentence was excessive in light of exceptional procedural history and absence of proven advantage, so sentence was set aside and replaced with a term allowing immediate release (time served).
23 Apr 2004

HKSAR v. ARTHUR JOHN PAYMER AND ANOTHER

Citation

HKSAR v. ARTHUR JOHN PAYMER AND ANOTHER
Court

Court of Appeal
Case number

CACC3/2004

The Court held the trial judge correctly evaluated the evidence, lawfully rejected the applicants' exculpatory cautioned interviews as inherently improbable, did not reverse the burden of proof, and was entitled to infer subjective guilty knowledge from the undisputed circumstances; therefore leave to appeal was dismissed and convictions and sentences were upheld.

Hong Kong Case Law

HKSAR v. STRACHAN, RAEWYN CATHERINE

HKSAR v. NG SIU TING

HKSAR v. CHONG KO LAN AND ANOTHER

HKSAR v. CHENG CHUN WAI

HKSAR v. ARTHUR JOHN PAYMER AND ANOTHER