19 Aug 1996
LAM KWOK WAI and Another v. R.
- Citation
- LAM KWOK WAI and Another v. R.
- Court
- Court of First Instance
- Case number
- HCMA35/1996
The conviction of the 1st appellant was upheld because the trial court properly admitted and relied on his voluntary cautioned statement after reasonably refusing access to his chosen solicitor due to a bona fide suspicion of conflict and providing alternatives; the conviction of the 2nd appellant was quashed because there was insufficient independent evidence against him, the cautioned statement of D1 could not be used as evidence against D2, and it was improper to rely on s.26 to draw adverse inferences where the prosecution had not established a case from which a compelling inference of gu…