Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Statutory admission (s65b/s65c)
  • 22 Jun 1983

    THE QUEEN v. CHOI CHUNG HING AND 45 OTHERS

    Citation
    THE QUEEN v. CHOI CHUNG HING AND 45 OTHERS
    Court
    Court of Appeal
    Case number
    CACC383/1983

    Convictions were unsafe because essential evidential and procedural safeguards were not observed: multiple written statements and exhibits were admitted without compliance with s65B formalities or without recorded admissions under s65C, Inspector Ong's statement contained inseparable hearsay, photographs and exhibit identifications were not properly grounded to the raid, and the prosecution failed to prove presence/participation of most appellants beyond reasonable doubt; accordingly convictions were set aside and a retrial ordered for the 1st appellant.