Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Interrogation practice
  • 19 Jul 2016

    HKSAR v. SUN YUK LING

    Citation
    HKSAR v. SUN YUK LING
    Court
    Court of First Instance
    Case number
    HCCC228/2015

    The VRI (VDP6), the Post Record (VDP4) and the mobile phone exhibit (VDP9) are inadmissible because the prosecution failed to prove beyond reasonable doubt that the statements were voluntary and the exhibit provenance was reliable: the defendant was subjected to oppressive detention and questioning (overnight in an interview room without adequate rest or supervision, questioning in the small hours, uncautioned rehearsal and inducement), and the chain of custody for the mobile phone was fatally defective.