Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Admissibility of undercover evidence

  • 26 Oct 2005

    HKSAR v. CHENG CHUN WAI

    Citation
    HKSAR v. CHENG CHUN WAI
    Court
    Court of First Instance
    Case number
    HCMA63/2005

    Convictions were unsafe because the magistrate wrongly admitted statements by a third party under the joint enterprise exception where the prosecution did not properly base the case on joint enterprise, failed to analyze admissibility of undercover-elicited admissions and failed to give adequate reasons addressing key evidential issues; accordingly convictions and sentences were set aside and a retrial ordered.

  • 27 May 1998

    HKSAR v. LAU YUK WAN

    Citation
    HKSAR v. LAU YUK WAN
    Court
    Court of Appeal
    Case number
    CACC656/1997

    The Court held that the trial judge correctly exercised his residual discretion: the unrecorded undercover conversation was admissible because the operation amounted to a legitimate sting and the evidence was probative rather than so prejudicial as to deny a fair trial; the judge adequately assessed accomplice testimony, inconsistencies and the appellant's character; the conviction was safe and the 4 year sentence appropriate given the scale of offending and minimal entrapment.