Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Admissibility of third‑party guilty plea
  • 25 Mar 2021

    HKSAR v. WONG CHUN YAU

    Citation
    [2021] HKCA 120
    Court
    Court of Appeal
    Case number
    CACC118/2019

    The Court held there was no miscarriage of justice: the prosecution limited its case to whether the appellant himself possessed the drugs (sole, joint or successive) for trafficking; the defence introduced evidence of Mok's guilty plea and accepted the manner in which the case was to be run; the judge gave clear directions on the elements (possession, knowledge, purpose) and on joint/successive possession and did not need to treat joint enterprise as pleaded; no prejudice arose and no obvious alternative verdict of simple possession arose on the way the defence ran the case, therefore appeal…