Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Voluntariness and admissibility of confessions

  • 14 Mar 2025

    香港特別行政區 訴 潘永亨

    Citation
    [2025] HKCFI 2390
    Court
    Court of First Instance
    Case number
    HCMA289/2024

    The magistrate properly conducted the special‑matters inquiry, accepted PW2’s evidence as credible in light of having seen and heard him, lawfully found the appellant’s admissions to be voluntary, and permissibly considered the appellant’s conduct and admissions as giving rise to self‑incriminatory suspicion that misled the prosecution; absent clear error the appellate court will not interfere with the exercise of that discretion, so the refusal of costs is upheld.

    • Voluntariness and admissibility of confessions
    • Judicial discretion on costs
    • Credibility assessment of witnesses
    • Presumption of innocence

  • 7 Jun 2018

    香港特別行政區 訴 丁成業

    Citation
    [2018] HKCFI 1248
    Court
    Court of First Instance
    Case number
    HCMA87/2018

    The trial judge correctly found the police witnesses credible, the admissions and documentary records were voluntary and admissible, and the Crown proved beyond reasonable doubt that the premises was a prostitution establishment and that the appellant exercised operational control; the sentence imposed was within the appropriate range and the activation and consecutive execution of the suspended sentence was properly ordered, therefore the appeal was dismissed.

    • Managing a prostitution establishment
    • Voluntariness and admissibility of confessions
    • Credibility of witnesses
    • Execution of suspended sentence

  • 1 Mar 2002

    HKSAR v. LAU MEI MEI

    Citation
    HKSAR v. LAU MEI MEI
    Court
    Court of Appeal
    Case number
    CACC338/2001

    The Court upheld the trial judge's finding that the admissions were voluntary and admissible, found the absence of fingerprints to be of limited significance, concluded there was sufficient evidence to convict for possession and trafficking, and held that the one-year reduction for alleged ill health was not justified on the evidence; accordingly leave to appeal against conviction and sentence is dismissed and the conviction and seven-year sentence are affirmed.

    • Trafficking in dangerous drugs
    • Voluntariness and admissibility of confessions
    • Forensic evidence (fingerprints)
    • Possession and knowledge
    • Sentence mitigation for ill health

  • 14 Dec 1999

    HKSAR v. CHAU KWOK HUNG

    Citation
    HKSAR v. CHAU KWOK HUNG
    Court
    Court of Appeal
    Case number
    CACC67/1996

    The abandonment could not be treated as a nullity because the applicant's own affirmation showed the decision to abandon was deliberate and informed (lack of funds and lack of legal knowledge do not establish involuntariness or wrong legal advice), and the proposed grounds lacked merit; therefore leave to treat abandonment as nullity is refused.

    • Abandonment of appeal
    • Nullity test for withdrawal of abandonment
    • Voluntariness and admissibility of confessions
    • Conduct of counsel
    • Legal aid and access to appeal

  • 31 Jan 1984

    THE QUEEN v. CHAN TAT-WAH

    Citation
    THE QUEEN v. CHAN TAT-WAH
    Court
    Court of Appeal
    Case number
    CACC545/1983

    Because the oral admission and the cautioned statement were bound together and there was a real possibility they were induced (by police threats and third‑party pressure) coupled with substantial contradictions and evidence that DPC5639 altered the statement, the evidence should not have been before the jury; in those circumstances the conviction was unsafe and had to be quashed.

    • Possession of firearms and ammunition
    • Voluntariness and admissibility of confessions
    • Inducement and threats
    • Credibility of police witnesses
    • Jury directions
    • Hearsay/prejudicial police information

  • 7 Apr 1977

    THE QUEEN v. WONG SIK-KWONG AND OTHERS

    Citation
    THE QUEEN v. WONG SIK-KWONG AND OTHERS
    Court
    District Court
    Case number
    DCCC205/1976

    Judge found beyond reasonable doubt that a single corrupt conspiracy existed centered on PW2 and a civilian organiser ('Ah Ngau'), that D2 and D4 were founding/organising participants with full knowledge, and that D1, D3 and D5 participated in phases of the same conspiracy; admissions of D1-D5 were voluntary and admissible (D6's admissions were excluded as tainted by oppression); accomplice evidence without corroboration failed against D6-D11; Count 1 (conspiracy to accept advantages under s.4(2) PBO) proven for D1-D5, Count 2 dismissed to avoid duplicative convictions.

    • Conspiracy
    • Bribery under prevention of bribery ordinance
    • Accomplice corroboration
    • Voluntariness and admissibility of confessions
    • Multiplicity of conspiracies
    • Use of icac investigatory material

  • 17 Jun 1974

    NG CHUN-KWAN v. THE QUEEN

    Citation
    NG CHUN-KWAN v. THE QUEEN
    Court
    Court of Appeal
    Case number
    CACC242/1974

    The magistrate did not err in admitting the confession as voluntary and was entitled, sitting alone, to take evidence from the voir dire into account for assessing the truth of the confession and the appellant's credibility; voir dire evidence cannot be used as substantive proof for the prosecution but may be used to impeach the accused; accordingly leave to appeal was properly dismissed.

    • Voluntariness and admissibility of confessions
    • Voir dire procedure
    • Identification evidence
    • Judge sitting as judge and jury
    • Stare decisis