Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Use of co-defendant statements

Legal area

Court

17 Feb 2005

HKSAR v. WONG WAN HEUNG AND OTHERS

Citation

HKSAR v. WONG WAN HEUNG AND OTHERS
Court

Court of Appeal
Case number

CACC339/2004

The convictions could not stand because the trial judge materially erred by using out-of-court statements of co-defendants (who did not give evidence) against each defendant; that error was an irregularity that probably affected the verdicts and precluded application of the proviso, requiring quashing of convictions and ordering retrials.
20 Jun 1980

TO KAI-SUI AND OTHERS v. THE QUEEN

Citation

TO KAI-SUI AND OTHERS v. THE QUEEN
Court

Court of Appeal
Case number

CACC1189/1979

The Court upheld the convictions and sentence: the trial judge was entitled to find the cautioned statements voluntary despite breaches of the Judges' Rules; the breaches did not amount to oppression or render confessions involuntary; co-defendants' statements must not be used as evidence against others but may be compared for inconsistencies; the particulars alleging conspiracy with 'persons unknown' did not prejudice the appellants; any errors did not cause a miscarriage of justice and the proviso applied.