3 Nov 2014
HKSAR v. TANG WAI LEUNG
- Citation
- HKSAR v. TANG WAI LEUNG
- Court
- Court of First Instance
- Case number
- HCCC50/2014
Court found the police lawfully arrested the defendant when they subdued and handcuffed him for an offence under s17C and for obstructing the lawful execution of duty; alternatively, even if no formal arrest occurred, the police acted legitimately on the defendant's invitation and in the course of lawful enquiries and, applying the discretionary tests in Chan Kau Tai and Muhammad Riaz Khan, the seizure evidence is admissible because its reception is conducive to a fair trial, reconcilable with the right concerned and unlikely to encourage future breaches.