21 Apr 2022
香港特別行政區 訴 鄭偉文
- Citation
- [2022] HKCFI 885
- Court
- Court of First Instance
- Case number
- HCMA97/2021
The conviction was unsafe because the trial judge wrongly curtailed defence cross-examination and misapplied the Rules and Directions and POL-973 by failing to treat the circumstances as engaging Rule II (requiring a caution) given that police had reasonable grounds to suspect offences; that procedural error and restriction of defence questioning rendered the admission of the contested statements and the conviction unsafe, warranting quashing of conviction and sentence.