Hong Kong Case Law: Decisions & Judgments

Topic

Record of interview

Legal area

Court

1 Aug 2019

HKSAR v. CHAN ERNEST

Citation

[2019] HKCA 869
Court

Court of Appeal
Case number

CACC191/2018

The judge correctly assessed the facts and legal principles: there was no realistic basis to conclude the oral admission was induced by oppression beyond those matters already addressed; the judge gave appropriate Mushtaq directions where required in relation to the notebook entry and the video interview; directions regarding refusal to answer and the evidential status of statements under s65B were adequate; the grounds lacked merit and leave to appeal was refused.
31 Aug 2017

HKSAR v. U (A Minor)

Citation

HKSAR v. U (A Minor)
Court

Court of First Instance
Case number

HCMA137/2017

The magistrate lawfully assessed credibility and reliability, treated recent complaint and distress appropriately, applied relevant directions concerning the appellant's interview and silence, rejected the defence of accidental touch as implausible beyond reasonable doubt, and therefore the conviction is safe and should be upheld.
30 Oct 2012

HKSAR v. CHEN PING FENG

Citation

HKSAR v. CHEN PING FENG
Court

Court of Appeal
Case number

CACC98/2010

The Court held the trial judge acted properly: he observed and managed juror conduct and had no basis to discharge the jury; his directions on discrepancies between the record of interview and oral testimony were adequate; the allegations of neglect by trial counsel/solicitor were unsupported given the signed confirmations; the jury was entitled to accept the accomplice's evidence; and the sentence fell within the applicable guideline and was not manifestly excessive — accordingly leave to appeal against conviction and sentence was dismissed.
15 May 2009

HKSAR v. MOHAMMED SALEEM

Citation

HKSAR v. MOHAMMED SALEEM
Court

Court of Appeal
Case number

CACC384/2008

The trial judge did not err in law in giving a qualified good character direction; it was permissible and proper to remind the jury of undisputed admitted matters (use of false name, forged identity card, signing) which could be regarded as discreditable conduct affecting credibility, and the qualification made the direction fair and balanced; the application for leave to appeal against conviction was without merit and dismissed.
26 Oct 2007

HKSAR v. CAUILAN, ELENA B

Citation

HKSAR v. CAUILAN, ELENA B
Court

Court of First Instance
Case number

HCMA309/2007

The appeal was allowed and conviction quashed because the prosecution did not exclude the reasonable possibility of carelessness; the evidence did not establish dishonesty beyond reasonable doubt, and the destroyed CCTV did not make the trial so unfair as to require a permanent stay.
20 Jun 2000

HKSAR v. POON KA WING

Citation

HKSAR v. POON KA WING
Court

Court of First Instance
Case number

HCMA38/2000

The appellant's conviction was quashed because the magistrate's findings demonstrate a failure to take into account the exculpatory part of the appellant's record of interview, rendering the conviction unsafe; a retrial was refused as not merited on the facts and circumstances of the case.
26 Nov 1999

HKSAR v. LEE YORK SING

Citation

HKSAR v. LEE YORK SING
Court

Court of First Instance
Case number

HCMA624/1999

The Magistrate correctly treated the appellant's case separately from his co-defendant; the appellant's admissions in his voluntary Record of Interview that he was paid to pack and was helping to dispose of the items amounted to trafficking as defined by law; the conviction was therefore safe but the sentence was excessive and was reduced from 15 to 10 months imprisonment.
28 Aug 1996

R. v. WONG KI MING

Citation

R. v. WONG KI MING
Court

Court of First Instance
Case number

HCMA642/1996

The magistrate was entitled to treat identification as a non‑issue because the appellant admitted meetings with the police officer and the record of interview contained admissions and corroborative pointers that supported the prosecution case; on that basis and on the totality of evidence the conviction was safely upheld.