Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Controlled delivery operation

Legal area

Court

16 Jan 2026

HKSAR v. CHAN KA LOK

Citation

[2026] HKCFI 416
Court

Court of First Instance
Case number

HCCC121/2024

Pre-arrest WhatsApp messages were excluded because their discovery and exploitation were tainted by the defendant's cooperative participation in a CDO; the subsequently obtained search warrant was derivative of that cooperation and did not cure the inherent unfairness identified in Li Cheuk Wah; applying the discretionary balancing exercise in Chan Kau Tai, admission would undermine a fair trial and therefore the evidence must be excluded.
3 Oct 2022

HKSAR v. LI CHEUK WAH

Citation

[2022] HKCA 1486
Court

Court of Appeal
Case number

CACC135/2021

Leave to appeal was granted only on the narrow question whether evidence of an accused's involvement in a controlled delivery should be subject to conditions or restrictions and whether any special jury warning is required in light of Choi Chi Tak; the court found this issue reasonably arguable on the authorities and factual matrix, while refusing leave on the remaining grounds because they were not reasonably arguable and holding that the circumstantial evidence was sufficient and the conviction was not otherwise unsafe.