Hong Kong Case Law: Decisions & Judgments

Topic

Admissibility of statements under caution

Legal area

Court

20 Feb 2003

HKSAR v. CHAN WAI KEUNG SPENDER

Citation

HKSAR v. CHAN WAI KEUNG SPENDER
Court

Court of First Instance
Case number

HCMA1121/2002

The court held that Principle (d) is triggered only when there is enough evidence to warrant charging, police are entitled to continue reasonable investigatory questioning to place an admission in context, and a breach of Principle (d) does not automatically render subsequent admissions inadmissible; statements were voluntary and admissible on the facts and the magistrate properly rejected DW1's evidence, so the conviction stands.
31 Mar 1989

THE QUEEN v. FONG KWOK HUNG

Citation

THE QUEEN v. FONG KWOK HUNG
Court

Court of Appeal
Case number

CACC135/1988

The conviction is upheld because the trial judge correctly found the accused's confessions and subsequent admission were voluntary and reliable, independent eyewitness surveillance and observations established identification and possession beyond reasonable doubt, and the absent photograph did not satisfy the criteria for fresh evidence nor render the trial unfair since the defence had opportunity to obtain it; therefore leave to appeal is refused.
11 Jun 1968

KONG WOON MAN v. THE QUEEN

Citation

KONG WOON MAN v. THE QUEEN
Court

Court of Appeal
Case number

CACC152/1968

The appeal is dismissed because the trial judge did not err in admitting the challenged statements (the Crown discharged the burden to show they were voluntary), the identification evidence (victim IDs plus recovered watches) was reliable and corroborative, and the application to admit fresh evidence and to call the appellant to give oral evidence on appeal was rightly refused as not meeting the high threshold for new evidence and because the post‑conviction letter was self‑serving and the appellant's evidence was effectively available at trial; therefore convictions and concurrent sentences…

Hong Kong Case Law

HKSAR v. CHAN WAI KEUNG SPENDER

THE QUEEN v. FONG KWOK HUNG

KONG WOON MAN v. THE QUEEN