Hong Kong Case Law: Decisions & Judgments

Topic

Admission against interest

Legal area

Court

4 Jul 2023

HONG KONG TOPKEY LTD v. WINTAC (HONG KONG) LTD AND ANOTHER

Citation

[2023] HKCFI 1711
Court

Court of First Instance
Case number

HCA667/2022

Defendants failed to establish any triable or arguable defence: the pleaded representations, read in context and including defendants’ own admission that repayment was to be effected by sale proceeds, did not extinguish or release liabilities; unpleaded defences could not be relied upon without leave to amend per Kaefer; the proposed new evidence did not satisfy the Ladd v Marshall criteria and would not have an important effect; accordingly the Master’s summary judgment is affirmed and the appeal dismissed.
21 Jun 2022

HKSAR v. TSUI CHI WAI

Citation

[2022] HKCFI 1963
Court

Court of First Instance
Case number

HCCC290/2020

The judge found for the purposes of the voir dire that the admission was made and that it was voluntary because the defendant's account of assault and coercion was not credible, injuries were minor and consistent with resisting arrest, officers followed proper procedure, and therefore the admission is admissible and may be placed before the jury.
24 Jul 2017

HKSAR v. LAM HING CHIT

Citation

HKSAR v. LAM HING CHIT
Court

Court of First Instance
Case number

HCCC75/2017

The first letter is admissible because it is capable of being interpreted by a jury as tending to prove the Accused's involvement in the conspiracy and its prejudicial effect can be managed by redaction and jury directions; the third letter, though later and potentially self‑serving, should also be admitted subject to appropriate redaction to avoid unfair prejudice.
1 Mar 2005

HKSAR v. HUI HON LIN

Citation

HKSAR v. HUI HON LIN
Court

Court of First Instance
Case number

HCMA1204/2004

The magistrate accepted the police officers' evidence that the appellant orally admitted he was delivering the drugs for someone; on that basis, together with undisputed possession of the packets whose contents were proved by the Government Chemist, the prosecution established the elements of trafficking beyond reasonable doubt, so the conviction is upheld.

Hong Kong Case Law

HONG KONG TOPKEY LTD v. WINTAC (HONG KONG) LTD AND ANOTHER

HKSAR v. TSUI CHI WAI

HKSAR v. LAM HING CHIT

HKSAR v. HUI HON LIN