4 Sept 1991
THE QUEEN v. CHAN CHI WAH AND OTHERS
- Citation
- THE QUEEN v. CHAN CHI WAH AND OTHERS
- Court
- Court of Appeal
- Case number
- CACC551/1990
Trial judge's directions on mixed cautioned statements were legally erroneous because they effectively excluded unsworn explanatory material from the jury's consideration contrary to the approach in Duncan/Sharp as adopted in Hong Kong; directions on foresight/intent were also inapt and potentially misleading in the circumstances. Those errors went to the heart of the central issue (intention) and rendered the murder convictions of Chan and Fok unsafe; accordingly the appeals were allowed and the question of retrial or substitution reserved for further hearing.