4 Jul 2001
HKSAR v. HO KWOK CHING AND OTHERS
- Citation
- HKSAR v. HO KWOK CHING AND OTHERS
- Court
- Court of Appeal
- Case number
- CACC150/2000
The convictions of D3, D4 and D5 were unsafe because the trial judge, while properly accepting D1's admissible interview only against D1, used the effect of D1's admissions (admissible solely against D1) as the foundational support for PW1's testimony implicating the co-defendants; absent that inadmissible support there was insufficient independent admissible evidence to sustain convictions for D3, D4 and D5. Accordingly those convictions and sentences are quashed. Conversely, the judge did not err in admitting D1's first interview and excluding the second; leave to appeal for D1 is refused.
- Conspiracy
- Prevention of bribery ordinance (bribery of public servant)
- Admissibility of confessions/interviews
- Corroboration
- Unfairly obtained evidence
- Manifest fairness of trial