13 Dec 2002
HKSAR v. YEUNG KA YEE AND OTHERS
- Citation
- HKSAR v. YEUNG KA YEE AND OTHERS
- Court
- Court of Appeal
- Case number
- CACC107/2001
The Court held that the contested out-of-court statements were admissible because breaches (taking suspects to a rooftop contrary to s51 and lack of re‑advice about legal counsel) did not render statements involuntary or unreliable on the facts; the summing up and jury directions were not unfair in a way that undermined conviction; although the judge erred in refusing some cross-examination about a co-defendant's statements (per R v Myers), that error caused no miscarriage of justice and the proviso under s83 Cap.221 justified dismissing the appeal (leave granted to D2 but appeal dismissed; a…
- Murder
- Joint enterprise
- Admissibility of confessions
- Voluntariness of statements
- Right to legal advice
- Police custody procedures (s51 police force ordinance)