Hong Kong Case Law: Decisions & Judgments

Topic

Admissibility of admissions/confessions

Legal area

Court

14 Feb 2006

HKSAR v. JASBIR SINGH

Citation

HKSAR v. JASBIR SINGH
Court

Court of First Instance
Case number

HCMA518/2005

The magistrate was entitled to discontinue the alternative inquiry at defence invitation and, having considered all evidence including the appellant's testimony, properly found the admission to be voluntary and made before any offer concerning repayment; those findings justified admission of the statement and reliance on it with circumstantial evidence to convict, so the appeal is dismissed.
14 Nov 2001

HKSAR v. CHAN MING PIU

Citation

HKSAR v. CHAN MING PIU
Court

Court of Appeal
Case number

CACC160/2001

The convictions were upheld because the applicant made clear, unequivocal admissions in two video-recorded interviews which the trial judge properly admitted after a voir dire and gave cogent reasons for doing so; given those admissions, there was no proper basis for interfering with the verdict and leave to appeal was refused.
11 Sept 1996

R. v. LEE FUK KEUNG

Citation

R. v. LEE FUK KEUNG
Court

Court of First Instance
Case number

HCMA381/1996

The appeal was dismissed because the magistrate's credibility findings were open on the evidence: the admissions were held to be voluntary and reliable, the magistrate expressly considered and rejected the assault allegation, he had regard to the medical report and made allowances for the appellant's impairments, and any reliance on demeanour did not constitute sole or impermissible basis for the verdict; therefore no miscarriage of justice was shown.
30 Jun 1988

THE QUEEN v. PANG MOON SING

Citation

THE QUEEN v. PANG MOON SING
Court

Court of Appeal
Case number

CACC154/1988

The judge erred in holding the presumption under s.47(1)(d) arose from possession of keys to the common entrance; keys must be to the specific premises where drugs were found. Nevertheless the combination of evidence — drug on person, rent receipts in applicant's name, syringes found in the cubicle, and the applicant's admission and later admission that a key fit the cubicle — was sufficient to establish a prima facie case of (at least joint) possession and to uphold the convictions; application for leave to appeal refused.
30 Nov 1983

THE QUEEN v. LAI MING-KIT

Citation

THE QUEEN v. LAI MING-KIT
Court

Court of Appeal
Case number

CACC1422/1983

Where police obtain admissions from a person while investigating another and without cautioning him once suspicion of his involvement arises, it is unfair to use those admissions in a subsequent prosecution of that person; the trial court should exclude such evidence and the appellate court will intervene where refusal to exclude results in injustice.

Hong Kong Case Law

HKSAR v. JASBIR SINGH

HKSAR v. CHAN MING PIU

R. v. LEE FUK KEUNG

THE QUEEN v. PANG MOON SING

THE QUEEN v. LAI MING-KIT