Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Voluntariness of statements and confessions

Legal area

Court

22 May 1998

HKSAR v. LAW YIK LUN

Citation

HKSAR v. LAW YIK LUN
Court

Court of Appeal
Case number

CACC352/1995

Counsel's failure to appreciate and to challenge the potentially fatal effect of the post‑recorded cautioned statements constituted flagrant incompetence under R v Ensor, rendering the conviction unsafe and requiring it to be quashed.
14 Oct 1972

HO YAT WAH v. THE QUEEN

Citation

HO YAT WAH v. THE QUEEN
Court

Court of Appeal
Case number

CACC589/1972

The appellate court was not satisfied beyond reasonable doubt that the notebook entry was made freely and voluntarily and identified significant evidential deficits and erroneous exclusion of relevant evidence (McGuire's complaint); on the whole record the conviction was unsafe and had to be set aside.