Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Equivocal statements
  • 16 Feb 2017

    HKSAR v. ZHOU LIMEI

    Citation
    HKSAR v. ZHOU LIMEI
    Court
    Court of Final Appeal
    Case number
    FACC10/2016

    The appellant's utterance, made after her luggage had been opened, a packet sliced, a positive rapid test reported and after arrest and caution, was not reasonably capable of being an admission that she 'all along' knew she was carrying dangerous drugs (the version including the Cantonese particle '啩' expressed uncertainty); the trial judge erred in leaving the statement to the jury without first considering admissibility and the residual exclusionary discretion; the statement should be excluded and the conviction quashed with a retrial ordered.