Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Inducement by person in authority

Legal area

Court

23 Apr 2024

香港特別行政區訴王保蒽

Citation

[2024] HKCA 282
Court

Court of Appeal
Case number

CACC136/2022

Court reaffirmed the Chau Ching Kay two‑stage framework and held that the prosecution bears the burden to show absence of inducement and, if inducement may have occurred, to prove beyond reasonable doubt that it did not affect the suspect's mind; although the trial judge misapplied the burden allocation wording, he made explicit factual findings that no inducement occurred and that the appellant was not affected by mental illness at the relevant times, so the admissions were properly admitted and the appeal failed.
4 Dec 2002

CHAU CHING KAY, NAUTHUM v. HKSAR

Citation

CHAU CHING KAY, NAUTHUM v. HKSAR
Court

Court of Final Appeal
Case number

FACC2/2002

The confessions were voluntary and not induced by police conduct (no implied inducement on these facts); even if the trial judge had not expressly considered implied inducement he would have reached the same conclusion. The conviction is therefore upheld. The Court of Appeal erred in ordering loss of time under s.83W because the application was not totally unmeritorious, the court mischaracterised the appeal as an abuse, and the imposition of loss of time in those circumstances amounted to substantial and grave injustice; the loss of time order is set aside.