Hong Kong Case Law: Decisions & Judgments

Topic

Voluntariness and admissibility of confessions

Legal area

Court

14 Mar 2025

香港特別行政區訴潘永亨

Citation

[2025] HKCFI 2390
Court

Court of First Instance
Case number

HCMA289/2024

The magistrate properly conducted the special‑matters inquiry, accepted PW2’s evidence as credible in light of having seen and heard him, lawfully found the appellant’s admissions to be voluntary, and permissibly considered the appellant’s conduct and admissions as giving rise to self‑incriminatory suspicion that misled the prosecution; absent clear error the appellate court will not interfere with the exercise of that discretion, so the refusal of costs is upheld.
7 Jun 2018

香港特別行政區訴丁成業

Citation

[2018] HKCFI 1248
Court

Court of First Instance
Case number

HCMA87/2018

The trial judge correctly found the police witnesses credible, the admissions and documentary records were voluntary and admissible, and the Crown proved beyond reasonable doubt that the premises was a prostitution establishment and that the appellant exercised operational control; the sentence imposed was within the appropriate range and the activation and consecutive execution of the suspended sentence was properly ordered, therefore the appeal was dismissed.
1 Mar 2002

HKSAR v. LAU MEI MEI

Citation

HKSAR v. LAU MEI MEI
Court

Court of Appeal
Case number

CACC338/2001

The Court upheld the trial judge's finding that the admissions were voluntary and admissible, found the absence of fingerprints to be of limited significance, concluded there was sufficient evidence to convict for possession and trafficking, and held that the one-year reduction for alleged ill health was not justified on the evidence; accordingly leave to appeal against conviction and sentence is dismissed and the conviction and seven-year sentence are affirmed.
14 Dec 1999

HKSAR v. CHAU KWOK HUNG

Citation

HKSAR v. CHAU KWOK HUNG
Court

Court of Appeal
Case number

CACC67/1996

The abandonment could not be treated as a nullity because the applicant's own affirmation showed the decision to abandon was deliberate and informed (lack of funds and lack of legal knowledge do not establish involuntariness or wrong legal advice), and the proposed grounds lacked merit; therefore leave to treat abandonment as nullity is refused.
31 Jan 1984

THE QUEEN v. CHAN TAT-WAH

Citation

THE QUEEN v. CHAN TAT-WAH
Court

Court of Appeal
Case number

CACC545/1983

Because the oral admission and the cautioned statement were bound together and there was a real possibility they were induced (by police threats and third‑party pressure) coupled with substantial contradictions and evidence that DPC5639 altered the statement, the evidence should not have been before the jury; in those circumstances the conviction was unsafe and had to be quashed.
7 Apr 1977

THE QUEEN v. WONG SIK-KWONG AND OTHERS

Citation

THE QUEEN v. WONG SIK-KWONG AND OTHERS
Court

District Court
Case number

DCCC205/1976

Judge found beyond reasonable doubt that a single corrupt conspiracy existed centered on PW2 and a civilian organiser ('Ah Ngau'), that D2 and D4 were founding/organising participants with full knowledge, and that D1, D3 and D5 participated in phases of the same conspiracy; admissions of D1-D5 were voluntary and admissible (D6's admissions were excluded as tainted by oppression); accomplice evidence without corroboration failed against D6-D11; Count 1 (conspiracy to accept advantages under s.4(2) PBO) proven for D1-D5, Count 2 dismissed to avoid duplicative convictions.
17 Jun 1974

NG CHUN-KWAN v. THE QUEEN

Citation

NG CHUN-KWAN v. THE QUEEN
Court

Court of Appeal
Case number

CACC242/1974

The magistrate did not err in admitting the confession as voluntary and was entitled, sitting alone, to take evidence from the voir dire into account for assessing the truth of the confession and the appellant's credibility; voir dire evidence cannot be used as substantive proof for the prosecution but may be used to impeach the accused; accordingly leave to appeal was properly dismissed.

Hong Kong Case Law

香港特別行政區 訴 潘永亨

香港特別行政區 訴 丁成業

HKSAR v. LAU MEI MEI

HKSAR v. CHAU KWOK HUNG

THE QUEEN v. CHAN TAT-WAH

THE QUEEN v. WONG SIK-KWONG AND OTHERS

NG CHUN-KWAN v. THE QUEEN

香港特別行政區訴潘永亨

香港特別行政區訴丁成業