THE QUEEN v. CHAN CHUN TONG

IN THE SUPREME COURT OF HONG KONG

(Appellate Jurisdiction)

MAGISTRACY APPEAL NO.916 OF 1995

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J U D G M E N T

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1. This was an appeal against a conviction for trafficking in dangerous drugs and a sentence of 30 months imposed therefor. There was only one ground of appeal worthy of consideration and that was that an alleged verbal admission made by the Appellant was admitted into evidence without the Appellant, who was unrepresented at trial, being advised of his rights to challenge its voluntariness. This technically was a ground on which I had to allow this appeal. I did so with great reluctance because had I had a power of proviso, then this would have been applied automatically in a case where the evidence against the Appellant was overwhelming. However, the failure of the learned Magistrate to advise the Appellant of his rights in relation to this statement was a material irregularity and the appeal had to be allowed on that basis.

2. As this was an important matter, there was no question but that a retrial had to be ordered. I ordered a retrial before a different Magistrate. The Appellant was released on bail of $5,000 with the condition that he report to Chai Wan police station every Monday and Friday between 6:00 pm and 9:00 pm.