Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Police questioning rules

Legal area

Court

12 Apr 2002

HKSAR v. LEUNG SAI TONG, DAVID

Citation

HKSAR v. LEUNG SAI TONG, DAVID
Court

Court of First Instance
Case number

HCMA1082/2001

The court found two breaches of the Rules and Directions (failure to serve the notice to persons in custody at the outset and failure to arrest once the officer had decided an offence had been committed) and concluded the magistrate erred by finding no breaches and failing to consider admissibility of the Record of Interview in light of those breaches; on that basis the appeal was allowed and the sentence set aside.
19 May 1994

R. v. FUNG KIT

Citation

R. v. FUNG KIT
Court

Court of First Instance
Case number

HCMA1052/1993

Although the caution statement contained breaches of the police Rules those breaches did not render it inadmissible in the absence of impropriety and the magistrate was entitled to admit it; however the Crown failed to prove crucial statutory ingredients for the strict liability offences — specifically authorization as agent/manager/factor and existence of contracts of employment — and the magistrate erred in permitting and treating witnesses as hostile without proper basis; on that evidential foundation the convictions were unsafe and must be quashed and the sentences set aside, with no retr…