Hong Kong Case Law: Decisions & Judgments

Topic

Admissibility of recorded interviews

Legal area

Court

23 Sept 2025

香港特別行政區訴何永恒

Citation

[2025] HKCA 801
Court

Court of Appeal
Case number

CACC96/2024

The Court of Appeal held that the trial judge correctly found the CCTV originals, working copies and screenshots were consistent and sufficiently authenticated so as to support conviction on count 2; the judge was entitled to disbelieve the defendant’s incredulous explanations and that disbelief did not amount to legal error or unfairness; the exclusion of certain recorded interviews was within the judge’s discretionary power and not overturned; however the trial judge erred in his analysis of the evidence on counts 3 and 4 (insufficient consideration of probative features and inconsistent re…
10 Sept 2013

HKSAR v. GARCIA BERNARD KEE

Citation

HKSAR v. GARCIA BERNARD KEE
Court

Court of Appeal
Case number

CACC383/2012

Given the applicant was in possession of luggage in which concealed heroin was found, gave recorded accounts incriminating his itinerary and conduct, and the jury was properly directed on burden and relevant matters, the jury verdict that the applicant knew of the drugs was open to it; the alleged agreement about movements was not established and the absence of fingerprints or transit destination did not render the conviction unsafe.
28 Nov 2002

HKSAR v. CHAU KWOK ON

Citation

HKSAR v. CHAU KWOK ON
Court

Court of Appeal
Case number

CACC131/2001

The judge's summing up was fair and balanced: provocation was not established on the evidence and the 4 August incident did not produce the necessary sudden and temporary loss of self-control; the limited good character direction was justified because discreditable matters undermined a full Vye direction; lies told by the applicant were properly left to the jury as supporting the prosecution if they were shown to be told to conceal involvement in the murder; accordingly the conviction was safe and the appeal dismissed, and the sentence appeal failed under authority cited.
20 Feb 2001

HKSAR v. WONG MAN NGAN

Citation

HKSAR v. WONG MAN NGAN
Court

Court of First Instance
Case number

HCMA895/2000

The magistrate's finding that the appellant's admissions were voluntary was founded on non‑existent evidence and involved a misapplication of Rule 8(a)(iii); because the admissions formed the only evidence and the voluntariness finding was unsafe, the conviction was quashed.
7 Jul 1995

R. v. WONG CHUNG LING

Citation

R. v. WONG CHUNG LING
Court

Court of First Instance
Case number

HCCC395/1994

Although the prosecution's conduct and the resultant disclosures risked prejudicing the Defendant, the prejudice did not reach the exceptional level required to constitute an abuse of process; a retrial is permitted but should not be before the same judge who formed an opinion during the voir dire.

Hong Kong Case Law

香港特別行政區 訴 何永恒

HKSAR v. GARCIA BERNARD KEE

HKSAR v. CHAU KWOK ON

HKSAR v. WONG MAN NGAN

R. v. WONG CHUNG LING

香港特別行政區訴何永恒