24 Aug 2005
HKSAR v. IP CHUNG SAN
- Citation
- HKSAR v. IP CHUNG SAN
- Court
- Court of First Instance
- Case number
- HCMA318/2005
The magistrate erred by failing to apply the objective test for duress of circumstances to undisputed facts (plainclothes officers in unmarked vehicles at night, youth occupants, contemporaneous 999 calls and driving to a police station); because the defence was available and the magistrate did not consider the evidence in that light, the convictions were unsafe and the appeal must be allowed.