Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Right to silence/caution

Legal area

Court

21 Mar 2023

HKSAR v. AU KWAI SUN

Citation

[2023] HKCA 426
Court

Court of Appeal
Case number

CACC350/2019

The appeal was dismissed because the call-record evidence lacked relevance and foundational admissibility (PW1 had not accessed the call records and the defence could not link 'Fish Boss' to the appellant's out‑of‑court statement about 'Fat Fish'), exclusion under section 22A was justified; there is no legal duty on police to inform a suspect of a distinct right not to be interviewed beyond the caution; the judge's interventions were within proper judicial management and did not deny a fair trial; the summing-up correctly protected the right to silence and did not impermissibly invite adverse…
20 Aug 1987

THE QUEEN v. NG YUK MING

Citation

THE QUEEN v. NG YUK MING
Court

Court of Appeal
Case number

CACC96/1987

The appeal succeeds because the trial judge committed a vital misdirection in law by drawing an adverse inference from the defendant's failure to mention his alibi at the first opportunity despite caution, and was factually wrong in finding material inconsistencies; given the identification evidence was not overwhelming the proviso did not apply and a retrial was not appropriate, therefore conviction must be quashed.