Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Inducement by police

Legal area

Court

16 Dec 2002

HKSAR v. LEE JENNIFER

Citation

HKSAR v. LEE JENNIFER
Court

Court of First Instance
Case number

HCMA325/2002

Given the cross-examination and exchanges that raised a realistic issue of inducement and a clear denial that the appellant made the admission, the magistrate should have held a voir dire to determine voluntariness; the failure to conduct the voir dire was a material irregularity that rendered the conviction unsafe, warranting quashing of the conviction and setting aside of the fine.
5 Jun 1998

HKSAR v. CHEUNG CHEUK HUNG AND ANOTHERS

Citation

HKSAR v. CHEUNG CHEUK HUNG AND ANOTHERS
Court

Court of First Instance
Case number

HCMA404/1998

Because the magistrate did not adequately address the police officer's evidence and there was uncertainty about what the Duty Lawyer or staff had told the appellant, the appellate court found there was credible evidence the plea was not voluntary and unequivocal and therefore allowed the appeal and quashed the conviction.
16 May 1990

THE QUEEN v. NG CHOW SHING

Citation

THE QUEEN v. NG CHOW SHING
Court

Court of First Instance
Case number

HCMA631/1990

The magistrate erred by accepting the guilty plea and imposing imprisonment without proper inquiry into the circumstances, including alleged inducement and the appellant's personal circumstances; consequently the appeal is allowed and the matter must be investigated and remitted for further proceedings/new trial as appropriate.