5 Jan 2024
HKSAR v.CHAN CHU LEUNG (陳柱良)
- Citation
- [2024] HKCFA 1
- Court
- Court of Final Appeal
- Case number
- FACC12/2023
Where a defendant was arrested, cautioned and maintained his right of silence and has not waived it, the prosecution may not question or rely on the defendant's pre-trial lack of or late complaint or disclosure about alleged police impropriety (including matters addressing incriminating evidence) so as to impeach credibility or infer guilt; on the facts any infringement by the fluorescent‑powder cross‑examination was minor and was cured by the judge's general directions, so the appeal is dismissed and conviction and sentence are upheld.