Hong Kong Case Law: Decisions & Judgments

Topic

Confession/admissions

Legal area

Court

23 Jul 2014

香港特別行政區訴林成志

Citation

香港特別行政區訴林成志
Court

Court of First Instance
Case number

HCMA217/2014

The appeal was allowed because the convictions rested principally on the appellant's admissions which were not sufficiently corroborated by identification evidence; the interview records raised real doubts about voluntariness and possible coaching, and, in the absence of objective evidence proving participation beyond reasonable doubt, the convictions for the two counts were unsafe and were quashed.
21 Feb 1997

R. v. YIP KIN CHIT

Citation

R. v. YIP KIN CHIT
Court

Court of Appeal
Case number

CACC275/1996

Convictions upheld because the contested factual issues (credibility of police, location of gun, voluntariness of admission) were properly left to the jury and there was no basis to conclude the convictions were unsafe; on sentence, some reduction was warranted because the informer encouraged the offence to a degree amounting to entrapment short of official police instigation, but the applicant's active steps (travel to procure weapon, possession of loaded weapon) placed the entrapment at the lower end and justified only a modest reduction from eight to seven years concurrent.
17 Aug 1994

LI LEUNG v. R.

Citation

LI LEUNG v. R.
Court

Court of Appeal
Case number

CACC54/1994

The conviction was upheld because the combination of accomplice testimony and the applicant's admissions provided a safe and satisfactory basis for the jury verdict; the 15-year sentence was constant with the seriousness of calculated armed robbery involving deadly weapons and aggravation when police were disarmed, and thus was not excessive.

Hong Kong Case Law

香港特別行政區 訴 林成志

R. v. YIP KIN CHIT

LI LEUNG v. R.

香港特別行政區訴林成志