Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Interpreter error

Legal area

Court

18 Sept 2018

HKSAR v. OLOYEDE WASIU OLANREWAJU

Citation

[2018] HKCA 580
Court

Court of Appeal
Case number

CACC349/2016

The judge properly rejected the no‑case, discharge and stay applications because the officers’ explanations of inconsistencies went to credibility for the jury, any hearsay was marginal and cured by directions, interpreter slips were immaterial to the defence, and the trial was not unfair; accordingly leave to appeal was refused and the conviction upheld.
15 Mar 2004

HKSAR v. CHAN HO

Citation

HKSAR v. CHAN HO
Court

Court of First Instance
Case number

HCMA891/2003

The court allowed the appeal because there was real uncertainty whether the handwritten addendum (which supplied the element of unlawful purpose) was communicated to the appellant in his language; the interpreter paraphrased the facts and may not have put the gravamen to him, so the plea may not have been a deliberate, informed choice — conviction quashed and retrial ordered before another Magistrate.