Hong Kong Case Law: Decisions & Judgments

Topic

Admissions and cautioned statements

Legal area

Court

18 Apr 2000

HKSAR v. PUN KIT FAI

Citation

HKSAR v. PUN KIT FAI
Court

Court of First Instance
Case number

HCMA1113/1999

The appeal was allowed and conviction quashed because the magistrate wrongly treated a post‑recorded police notebook entry and the appellant's signature as reliable proof of admission and intent; the magistrate's ultimate inference of deliberate intent to steal was inconsistent with his earlier finding that the appellant panicked and acted to avoid detection, and therefore the evidence did not establish dishonesty and intention to permanently deprive beyond reasonable doubt.
25 Sept 1998

HKSAR v. CHUNG CHI PIU AND OTHERS

Citation

HKSAR v. CHUNG CHI PIU AND OTHERS
Court

Court of Appeal
Case number

CACC453/1997

The Court held that the jury's acquittal on the trespass-with-arms count (count 1) and guilty verdict on the alternative possession count (count 2) were inconsistent such that no reasonable properly directed jury could have reached both verdicts; accordingly the conviction on count 2 (possession under s13 Cap.238) was quashed. The conviction for aggravated burglary (count 3) was upheld because the evidence against all appellants was sufficient and any trial irregularity did not produce a miscarriage of justice such that the proviso to s83 Cap.221 would apply.
26 Sept 1997

HKSAR v. CHAN CHING FAT

Citation

HKSAR v. CHAN CHING FAT
Court

Court of Appeal
Case number

CACC529/1996

The convictions were upheld because the judge was entitled to accept the complainant's evidence and the applicant's admissions made in voluntary cautioned statements; dates pleaded as 'on or about' are not fatal where offences are shown to have occurred within a reasonable proximity to the charged dates; vehicle evidence was not conclusive to negate the admissions or complainant's identification; defence counsel's conduct did not amount to impropriety requiring reversal, and the convictions were therefore safe.
11 Nov 1994

R. v. YUN KAI HONG and Another

Citation

R. v. YUN KAI HONG and Another
Court

Court of Appeal
Case number

CACC512/1993

The Court held the trial judge lawfully rejected the alibi by properly weighing the defendants' cautioned admissions and witness timing evidence; the admissions (joining, payment of fees, identification of protector and rank and participation in criminal acts) were sufficient to convict for triad membership without expert evidence; convictions on counts 4 and 5 were quashed but other convictions and sentences were upheld, and the sentencing was not excessive.
24 Aug 1994

CHEUNG SHU-TAI & OTHERS v. R.

Citation

CHEUNG SHU-TAI & OTHERS v. R.
Court

Court of Appeal
Case number

CACC609/1993

Although the judge used regrettable language that might suggest police were more credible, when the summing-up is read as a whole there was no real danger the jury would treat police evidence differently; therefore the convictions were not vitiated and the appeals fail.

Hong Kong Case Law

HKSAR v. PUN KIT FAI

HKSAR v. CHUNG CHI PIU AND OTHERS

HKSAR v. CHAN CHING FAT

R. v. YUN KAI HONG and Another

CHEUNG SHU-TAI & OTHERS v. R.