13 Sept 2024
HKSAR v. LI CHEUK WAH
- Citation
- [2024] HKCA 466
- Court
- Court of Appeal
- Case number
- CACC135/2021
Evidence of an accused’s statements and conduct during a controlled delivery is prima facie prejudicial because it is produced under instruction and surveillance and may be unreliable; such evidence should only be admitted if the accused gave informed voluntary consent (including appropriate warnings) and, even then, admission is subject to a fairness assessment. In the present case the controlled delivery material was unfairly prejudicial and should not have been admitted; conviction was therefore unsafe and a retrial was ordered.