Hong Kong Case Law: Decisions & Judgments

Topic

Fitness to be interviewed

Legal area

Court

10 May 2019

HKSAR v. BAILEY NATASHA MWALE

Citation

[2019] HKCFI 885
Court

Court of First Instance
Case number

HCCC215/2018

Applying the legal principles and the evidence, the Court concluded the prosecution proved voluntariness of the admissions on the balance required for admissibility: the Accused was capable of understanding and making the statements, the cautions and handwritten declarations reinforced the warnings, medical condition had improved for later interviews, and no conduct by police was shown to have sapped the Accused's will or rendered admission of the statements unfair; accordingly the Court admitted the oral and written admissions into evidence and declined to exercise the discretion to exclude…
27 Oct 2017

HKSAR v. YIM SHEK WO

Citation

HKSAR v. YIM SHEK WO
Court

Court of First Instance
Case number

HCCC164/2017

Prosecution proved beyond reasonable doubt that the challenged admissions (verbal admission at Sha Tau Kok, the post‑record, and the video‑recorded interview and transcript) were voluntary; alleged threats, inducements and coaching were not established as having produced oppression; accused's transient illness did not render admissions involuntary; court declines to exclude admissions in exercise of discretion.
11 Jul 1997

HKSAR v. WONG SIU LUNG

Citation

HKSAR v. WONG SIU LUNG
Court

Court of Appeal
Case number

CACC316/1996

The judge acted within his discretion in allowing the treating doctor to be called under the alternative voir dire procedure despite there being prima facie evidence from the interviewing officer that the applicant was fit; the cautioned statement was properly admitted and, given the overall strength of the evidence, the conviction was not unsafe.
10 Oct 1995

R. v. CHIANG MING WAI

Citation

R. v. CHIANG MING WAI
Court

Court of Appeal
Case number

CACC149/1995

The court refused leave to appeal, holding the trial judge correctly admitted the record of interview based on his voir dire findings and that the judge's direction on lies was necessary and adequate: lies alone do not constitute proof of guilt and only if the jury are sure the lies were not for an innocent reason can they support a conviction.

Hong Kong Case Law

HKSAR v. BAILEY NATASHA MWALE

HKSAR v. YIM SHEK WO

HKSAR v. WONG SIU LUNG

R. v. CHIANG MING WAI