Hong Kong Case Law: Decisions & Judgments

Topic

Police notebook entries

Legal area

Court

12 Oct 2021

香港特別行政區訴林耀鋒及另三人

Citation

[2021] HKCFI 2873
Court

Court of First Instance
Case number

HCMA236/2020

Significant and unaddressed conflicts existed in the evidence (notably police notebook entries signed by the complainant and medical report anomalies) and the trial judge failed to deal with these material matters; with key prosecution witnesses either inconsistent or rejected, there was no reliable evidence against the appellants and the convictions were unsafe, therefore the convictions and sentences were quashed.
4 Jul 2018

HKSAR v. CHAN ERNEST

Citation

[2018] HKCFI 1509
Court

Court of First Instance
Case number

HCCC327/2016

The judge admitted the oral admission, the notebook entry and the video recorded interview into evidence, finding they were voluntary and admissible; issues of reliability and voluntariness for the jury to assess, and a Mushtaq direction must be given at trial if the jury finds inducement or oppression affecting voluntariness.
11 Mar 2016

HKSAR v. DING HAO

Citation

HKSAR v. DING HAO
Court

Court of First Instance
Case number

HCMA466/2015

The appeal was dismissed because the High Court found no flaw in the magistrate's factual and credibility findings: PW3 was a reliable independent witness, the appellant had admitted striking PW1, and the medical and circumstantial evidence supported the magistrate's conclusion that the appellant was not acting in self-defence; the alleged notebook recording issue and character direction did not render the conviction unsafe.
1 Jun 2012

HKSAR v. NG KA HO

Citation

HKSAR v. NG KA HO
Court

Court of Appeal
Case number

CACC283/2011

The trial judge's findings that the applicant made the oral admission and voluntarily signed the police notebook were based on the implausibility of the applicant's account and acceptance of the police officer's detailed evidence; there were no circumstances warranting exercise of the residual discretion to exclude the evidence and no error of law or principle in admitting it, therefore the application for leave to appeal against conviction was refused.
30 Jun 2000

CHAN KWOK WAI v. SECRETARY FOR JUSTICE

Citation

CHAN KWOK WAI v. SECRETARY FOR JUSTICE
Court

Court of First Instance
Case number

HCPI134/1999

On the balance of probabilities the court found the plaintiff was assaulted by members of Team 3A while in custody; medical evidence established injuries consistent with custody and the defence explanation of self‑infliction was implausible. The police notebooks were post‑recorded and intended to conceal the assault. Liability for assault was therefore established and damages were assessed accordingly.
25 Jul 1973

LAM WAI-KUEN v. THE QUEEN

Citation

LAM WAI-KUEN v. THE QUEEN
Court

Court of Appeal
Case number

CACC326/1973

The appeal was allowed because the magistrate's terse statement of findings failed to address significant contradictions in the evidence (including notebook timing and medical injuries) and left the appellate judge with a real sense of unease as to the safety of the convictions; therefore the convictions could not be allowed to stand.

Hong Kong Case Law

香港特別行政區 訴 林耀鋒及另三人

HKSAR v. CHAN ERNEST

HKSAR v. DING HAO

HKSAR v. NG KA HO

CHAN KWOK WAI v. SECRETARY FOR JUSTICE

LAM WAI-KUEN v. THE QUEEN

香港特別行政區訴林耀鋒及另三人