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Hong Kong Leading Case exclusionary discretionabuse of processconfessions

Secretary for Justice v Lam Tat Ming & Another

(2000) 3 HKCFAR 168
JurisdictionHong Kong
CourtCourt of Final Appeal
Year2000
StatusBinding authority

Key Principle

The court has an overriding discretion, rooted in the duty to ensure a fair trial, to exclude admissible prosecution evidence (including confessions and evidence obtained by entrapment/improper means) where its admission would render the trial unfair.

Area of Law

Criminal Law, Procedure & Evidence

Related Cases

HKSAR v Lo Kin Man (2021) 24 HKCFAR 302; [2021] HKCFA 37
Secretary for Justice v Wong Chi Fung & Others (2018) 21 HKCFAR 35; [2018] HKCFA 4
HKSAR v Ngo Van Nam (and HKSAR v Abdou Maikido Abdoulkarim) [2016] 5 HKLRD 1; CACC 418/2014 (and CACC 327/2015)

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