Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Confessional statement

Legal area

Court

5 Jan 1983

THE QUEEN v. TSANG KWOK-LEUNG

Citation

THE QUEEN v. TSANG KWOK-LEUNG
Court

Court of Appeal
Case number

CACC581/1982

The trial judge failed to give adequate reasons for admitting the appellant's cautioned statement despite material circumstances (lengthy unexplained interview time, allegations of assault, medical evidence) that created a lurking doubt as to voluntariness; absent the statement there was no evidence to support the conviction, therefore the conviction must be quashed and sentence set aside.
7 May 1974

SHUM SHUN HONG AND OTHERS v. THE QUEEN

Citation

SHUM SHUN HONG AND OTHERS v. THE QUEEN
Court

Court of Appeal
Case number

CACC173/1974

The summing-up contained passages that could lead the jury to treat the first appellant's voluntary statement as the keystone of the prosecution case against all three appellants; because the court cannot be satisfied that the jury would inevitably have convicted the second and third appellants absent that influence, their convictions are unsafe and must be quashed with a retrial ordered; the first appellant's conviction stands because the statement was properly admissible against him and did not render his conviction unsafe.