27 Feb 2019
HKSAR v. YIP KIM WAH AND ANOTHER
- Citation
- [2019] HKCA 206
- Court
- Court of Appeal
- Case number
- CACC307/2015
The Court refused leave and dismissed the appeals because the stay application for illegal rendition was unsustainable given established mutual assistance practice and prosecution's reasonable steps to secure evidence; the prosecution's disclosure obligations were met as far as reasonable steps allowed and absence of GDPSD witnesses did not render confessions inadmissible; the challenged confessions were left to the jury by tactical election and not withdrawn as no clear error was shown; re-enactments were properly admitted; and the 19-year sentence for Count 3 was not manifestly excessive gi…