Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Waiver of rights

  • 17 Jan 2018

    HKSAR v. INDRA AGUS SETIAWATI

    Citation
    [2018] HKCFI 79
    Court
    Court of First Instance
    Case number
    HCCC318/2017

    Section 17A(3) is, in substance, indistinguishable from section 50(6) of the Police Force Ordinance and therefore the implied limitation identified in Sham Wing Kan applies: examination of the contents of a seized mobile phone without a warrant violates constitutional privacy rights unless exigent circumstances (or equivalent impracticability of obtaining a warrant) exist. The examination in this case, conducted several hours after arrest without a warrant and without exigent circumstances, was a breach of privacy. Nonetheless, applying the Chan Kau Tai/Riaz Khan discretionary test, the breac…

  • 2 Apr 2007

    HKSAR v. LAM SZE NGA, JOSEPHINE

    Citation
    HKSAR v. LAM SZE NGA, JOSEPHINE
    Court
    Court of Appeal
    Case number
    CACC307/2006

    The Court held that the right of silence protects a defendant who has not waived it even if she did not intend to avail herself of it; where evidence raises waiver (eg alleged admission), the jury may consider delay for the limited purpose of determining whether the right was waived, but if the jury find no waiver the delay cannot be used for guilt or credibility; the trial judge failed to direct the jury accordingly, requiring quashing of the conviction and ordering a retrial.