4 Dec 2002
CHAU CHING KAY, NAUTHUM v. HKSAR
- Citation
- CHAU CHING KAY, NAUTHUM v. HKSAR
- Court
- Court of Final Appeal
- Case number
- FACC2/2002
The confessions were voluntary and not induced by police conduct (no implied inducement on these facts); even if the trial judge had not expressly considered implied inducement he would have reached the same conclusion. The conviction is therefore upheld. The Court of Appeal erred in ordering loss of time under s.83W because the application was not totally unmeritorious, the court mischaracterised the appeal as an abuse, and the imposition of loss of time in those circumstances amounted to substantial and grave injustice; the loss of time order is set aside.