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…