Hong Kong Case Law: Decisions & Judgments

Topic

Chain of custody of exhibits

Legal area

Court

21 Feb 2024

香港特別行政區訴沈萬裕

Citation

[2024] HKCFI 544
Court

Court of First Instance
Case number

HCMA222/2022

The appeal is allowed because the trial court wrongly admitted the interview record: police conduct indicated the appellant's request to contact counsel was ignored and there was inducement to cooperate, and the principal police witness who handled the exhibits was found not credible so the prosecution failed to prove an unbroken, untampered chain of custody; without the contested confession and reliable custody evidence the conviction could not be proved beyond reasonable doubt and was unsafe.
13 Sept 2021

香港特別行政區訴黃駿軒

Citation

[2021] HKCFI 2654
Court

Court of First Instance
Case number

HCMA303/2020

The trial judge's factual findings that (1) drugs and paraphernalia were found in the appellant's vehicle, (2) the evidence chain was sufficiently explained, and (3) the appellant's admissions were voluntary, were reasonable, logical and supported by the record; minor discrepancies identified on appeal were immaterial and insufficient to vitiate the conviction, and appellate interference with those primary findings was not justified.
21 Feb 1995

R. v. LEE TO NEI

Citation

R. v. LEE TO NEI
Court

Court of First Instance
Case number

HCMA33/1995

The magistrate was entitled to find on the evidence that the two bottles were purchased from the appellant, handed to PW2 and analysed by the Government Chemist; weaknesses in PW2's evidence as to other seized items did not undermine the identification and chain of custody for those two bottles, so the appeal must be dismissed.
26 Oct 1982

HON SHUI-KONG v. THE QUEEN

Citation

HON SHUI-KONG v. THE QUEEN
Court

Court of Appeal
Case number

CACC340/1982

The trial judge was entitled to find that Exhibits 21B, 21C and 21D were found in Room B to which the appellant held the key, that the chain of custody for those exhibits was sufficiently established, that the presumptions under sections 46 and 47 were raised and not rebutted, and therefore the evidence supported the conviction for possession of dangerous drugs for unlawful trafficking; the appeal is dismissed.
2 May 1974

CHAN WING SHING v. THE QUEEN

Citation

CHAN WING SHING v. THE QUEEN
Court

Court of Appeal
Case number

CACC142/1974

The appeal was dismissed because the matching particulars in the certificate (date, number of packets, delivering officer and return date), the judge's reliance on the certificate in his Reasons for Verdict, and the sealing/storage of exhibits provided a sufficient connection between the Government Chemist's certificate and the drugs seized from the appellant such that the certificate was properly admitted and the conviction was supported by sufficient evidence.

Hong Kong Case Law

香港特別行政區 訴 沈萬裕

香港特別行政區 訴 黃駿軒

R. v. LEE TO NEI

HON SHUI-KONG v. THE QUEEN

CHAN WING SHING v. THE QUEEN

香港特別行政區訴沈萬裕

香港特別行政區訴黃駿軒