Hong Kong Case Law: Decisions & Judgments

Topic

Admissibility of interview evidence

Legal area

Court

21 Feb 2019

HKSAR v. LO KA FUNG AND ANOTHER

Citation

[2019] HKCFI 151
Court

Court of First Instance
Case number

HCMA350/2018

The magistrate properly exercised discretion in admitting the contested interview records (excluding the VRI), made permissible credibility findings supported by admissions and documentary evidence, and there was sufficient proof that the appellants conspired to defraud by entering a sham marriage to procure immigration advantage; the 18 month custodial sentence is within the established range, therefore the appeals fail.
22 Dec 2016

HKSAR v. FAN MING-KEI, ANTHONY AND ANOTHER

Citation

HKSAR v. FAN MING-KEI, ANTHONY AND ANOTHER
Court

Court of Appeal
Case number

CACC319/2015

The Court upheld both convictions: the 1st appellant's omission/implicit representation that Convoy would act induced the policyholders thereby causing prejudice and resulting in benefit; the 2nd appellant's video interview and notebook entries were admissible as voluntary; although the trial judge erred in finding the 2nd appellant personally benefited, that error did not undermine proof of prejudice to Zurich under s16A(1) so convictions stand; sentencing was appropriate for the 1st appellant but the 2nd appellant's sentence was reduced on appeal to reflect absence of proven personal financ…
10 Jul 2009

HKSAR v. WAN KWOK HUNG

Citation

HKSAR v. WAN KWOK HUNG
Court

Court of Appeal
Case number

CACC287/2007

The trial judge was entitled to accept the police evidence and conclude the applicant's admissions in the formal cautioned interviews were made freely and voluntarily and were corroborated by independent witness evidence and conduct; on that basis convictions for blackmail, theft, criminal damage and triad membership were safe and the concurrent aggregate sentence was appropriate.
20 Aug 2004

HKSAR v. CHOW WING MAN

Citation

HKSAR v. CHOW WING MAN
Court

Court of Appeal
Case number

CACC613/2002

The Court held that admitting exhibit P.53 (video and transcript) was a material irregularity because it presented a wholly one-sided dialogue where the applicant refused to answer highly pertinent murder-related questions; despite judicial directions about the right to silence the jury may nevertheless have been prejudiced and used the refusal as reflecting on credibility. The conviction was therefore unsafe and was quashed with leave to retry.
5 Feb 2004

HKSAR v. WONG SHING CHUNG

Citation

HKSAR v. WONG SHING CHUNG
Court

Court of First Instance
Case number

HCMA681/2003

Appellate court concluded the trial magistrate went too far in relying on adverse comments about the appellant's failure to disclose matters to the ICAC; that error could have materially affected the credibility assessment and the verdict in a case largely dependent on a co‑conspirator's testimony; conviction was therefore unsafe and was quashed.
9 Jan 2004

HKSAR v. LAM HEI KIT

Citation

HKSAR v. LAM HEI KIT
Court

Court of Appeal
Case number

CACC84/2003

Appellate court concluded that, despite some shortcomings and one factual error in the trial judge's stated reasons, the totality of the evidence (bank transactions, delivery and location of passports, access and admissions) was sufficient to support convictions for money laundering and possession of unlawfully obtained travel documents; the trial judge lawfully rejected exculpatory statements and appellate intervention was unwarranted, so by applying the proviso in s83(1) Cap.221 the appeal was dismissed and convictions and sentences upheld.
14 Feb 2001

HKSAR v. CHENG CHUNG MING

Citation

HKSAR v. CHENG CHUNG MING
Court

Court of First Instance
Case number

HCMA210/2000

The conviction was unsafe because the learned magistrate materially erred by treating the issue of sole proprietorship as a negative averment and thereby shifting the legal burden to the appellant; that misdirection was fundamental to the finding that the appellant made or concurred in making the invoices and therefore amounted to a material irregularity warranting quashing of the conviction.
6 Jul 2000

HKSAR v. KWOK CHI HUNG AND OTHERS

Citation

HKSAR v. KWOK CHI HUNG AND OTHERS
Court

Court of Appeal
Case number

CACC261/1999

The Court upheld the trial judge's credibility findings and admissibility rulings, concluded the evidence was sufficient to establish participation in the conspiracy and knowledge of the corrupt purpose, and held the imposed sentences were not manifestly excessive; accordingly all applications for leave to appeal were dismissed.