Hong Kong Case Law: Decisions & Judgments

Topic

Exclusion of evidence for unfairness

Legal area

Court

8 May 2019

HKSAR v. NGAI HON KWONG

Citation

[2019] HKCFI 1205
Court

Court of First Instance
Case number

HCCC78/2016

The court found no sufficient basis to permit withdrawal of s65C admissions because the accused understood the scope of the admitted facts; there was no proven tampering or demonstrated unfairness warranting exclusion of the video‑recorded interviews so the videos could be played; and the prosecution's application to reopen its case was refused because the proposed evidence was not sufficiently important and reopening would be inappropriate absent exceptional circumstances.
26 Feb 1998

HKSAR v. LAM SAI CHEUNG

Citation

HKSAR v. LAM SAI CHEUNG
Court

Court of First Instance
Case number

HCMA1141/1997

The magistrate correctly conducted a voir dire, found the written and oral admissions were given voluntarily despite being elicited by senior company staff and even though initially intended for disciplinary use, and properly exercised his discretion not to exclude them; accordingly the conviction is safe and the appeal is dismissed.
29 Mar 1989

THE QUEEN v. TANG KOON WAH

Citation

THE QUEEN v. TANG KOON WAH
Court

Court of Appeal
Case number

CACC254/1988

The Court held the trial judge was entitled to accept the police officer's credible evidence that the statements were voluntary; the question‑and‑answer procedure and length did not render the interrogation unfair or oppressive, there was no unequivocal indication by the applicant to terminate questioning in context, and even if the point had been taken below the statements would not have been excluded and any error would have been harmless given overwhelming evidence against the applicant; accordingly the application for leave to appeal was dismissed.

Hong Kong Case Law

HKSAR v. NGAI HON KWONG

HKSAR v. LAM SAI CHEUNG

THE QUEEN v. TANG KOON WAH