Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Cautioned interview

  • 14 Mar 2025

    HKSAR v. LAU KA YAN

    Citation
    [2025] HKCA 280
    Court
    Court of Appeal
    Case number
    CACC64/2023

    The court held that the judge’s use of the term ‘sure’ satisfied the required standard direction and that a Liberato direction is only required where there is a real risk of confusion between assessment of conflicting evidence and the ultimate issue of proof beyond reasonable doubt. Given the existence of a mixed recorded interview, Grounds 2 and 3 (failure to give an adequate Liberato/explanatory direction and failure properly to explain the handout) were reasonably arguable when reformulated; Grounds 1 and 4 were not reasonably arguable. Leave to appeal was therefore granted limited to the…

  • 25 Mar 2015

    HKSAR v. ARFAN ULLAH

    Citation
    HKSAR v. ARFAN ULLAH
    Court
    Court of First Instance
    Case number
    HCMA371/2014

    The magistrate's credibility findings were within her province as fact‑finder, the prosecution witnesses were found consistent and reliable, the identified inconsistencies between the appellant and defence witnesses justified rejecting the defence version, and because the cautioned statement was not adduced it did not undermine the conviction; accordingly the conviction was safe and the appeal dismissed.