Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Admissibility of telephone conversations

Legal area

Court

22 Jul 1993

THE QUEEN v. NG KIN YEE

Citation

THE QUEEN v. NG KIN YEE
Court

Court of First Instance
Case number

HCMA933/1992

The appeals court held that the telephone callers' requests constituted implied assertions that the appellant was a bookmaker and thus were hearsay; Kearley governs the admissibility of such evidence in common law jurisdictions including Hong Kong, the Commonwealth and earlier local and Australian authorities to the contrary should not be followed, therefore the telephone evidence was inadmissible and the conviction could not stand.
27 Mar 1971

CHENG WAH-YIU ALIAS CHENG LUNG v. THE QUEEN

Citation

CHENG WAH-YIU ALIAS CHENG LUNG v. THE QUEEN
Court

Court of Appeal
Case number

CACC542/1970

The cautioned admissions recorded in police notebooks were voluntary and constituted sufficient prima facie evidence that the appellant was either the unknown telephone caller or an active and knowing participant in the telephone deceptions; that link rendered the detailed telephone conversations admissible and, together with the other evidence, was sufficient to prove the offences beyond reasonable doubt; the convictions and the aggregate 18-month sentence were therefore upheld.