6 Jul 2012
HKSAR v. KONG PUI LAM AND ANOTHER
- Citation
- HKSAR v. KONG PUI LAM AND ANOTHER
- Court
- Court of Appeal
- Case number
- CACC147/2011
The judge properly found the third interview to be voluntary and, even accepting a breach of rule III(b), there were exceptional circumstances (the 2nd applicant initiated giving an account after receiving legal advice, and the interview's content and circumstances made admission fair) and no unfairness resulted; accordingly the residual discretion to admit the evidence was correctly exercised. Separately, the 1st applicant's earlier, unpursued intimation to plead to a lesser charge was superseded by his subsequent conduct and defence at trial and did not entitle him to a plea discount; the 2…