| Course Details |
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| (Webinar via Zoom) Developments in the Law: Admissibility of Confession and WhatsApp Messages |
| Date: |
19 June 2024 (Wednesday) |
| Time: |
2:30pm - 5:45pm |
| Level: |
I (Intermediate)
For delegates who have prior knowledge of the subject area |
| Language: |
English |
| Fee: |
HK$ 1,850 |
| Accreditation: |
(3 CPD Points being applied for - The Law Society of HK) |
| Ref: |
L24CL03 |
| Venue: |
Webinar Course
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Presenter's Biography:
Charles is a seasoned criminal barrister with an outstanding record of high-profile cases and lengthy jury trials. He is particularly renowned for his practice in white-collar crimes, ICAC cases, and appellate matters. He regularly serves the local Judiciary as a Deputy District Judge and currently sits on the Bar Council and some of its Standing Committees.
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Objective:
To enable participants to gain a solid understanding of the issues arising from confessions obtained under the influence of alleged impropriety and the law governing the admissibility of text messages as evidence, and to enable participants to advise lay clients beyond standard approaches.
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Outline:
A recent development in HKSAR v Chan Chu-leung [2024] HKCFA 1 (dated 5 Jan 2024) raises the important issue of whether the Prosecution can cross-examine an accused for the lack of or late complaint regarding police impropriety during investigation. The notion of the right of silence and the leading authorities on the subject were reviewed and clarified by the Court of Final Appeal.
On the question of admissibility of evidence, the growing trend of producing WhatsApp messages (allegedly made or received by an accused) by the prosecution does require criminal practitioners to take a closer look and acquire a solid understanding of the subject.
The course will cover the following topics:
- The law on the admissibility of confession
- The development since Lee Fuk Hing
- Right of silence in light of Chan Chu-leung (in CA and CFA)
- The principles in Sham Wing-kan v Commissioner of Police (in CFI and CA)
- Seizure of personal mobile phones and the conflict between privacy and law enforcement
- The proper approach for advising clients, arrested individuals, or defendants
- Practical approach to safeguard clients' interests and those of practitioners.
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| Category: |
Criminal Litigation |
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Bookings & Payments
To reserve a seat, please fax the completed booking form to us. We will send out a written Booking Confirmation either by fax or by email to confirm your booking, normally within 48 hours after receiving the booking form. Payment should be made upon we send the Booking Confirmation to you, or together with the booking form if the booking is received within seven (7) days of the course. You are advised to contact us to confirm your place if you have not received the Booking Confirmation prior to the commencement of the course.
Cancellation
In case of cancellation of a booking, you must inform us in writing at least seven (7) days before the date of the course, and a full refund will be issued (less of HK$300 administration fee). Cancellation of unpaid bookings will incur a HK$300 administration fee and the cancellation will not be deemed effective until payment of such fee is received. No refunds will be given and any outstanding amounts remain payable in full if the written notice of cancellation is made less than (7) days before the date of the course.
Transfer
If you cannot attend a booked course, you must inform us in writing at least 24 hours before the commencing time of the course. You may then:
- Transfer the booking to a replacement delegate;( Not available for Individual Discount Packages)
- Transfer your booking to another course, to be held before 31 October 2024; or
- Request a credit voucher, to be used on another LexOmnibus CPD course to be held before 31 October 2024.
No attendance
Once a booking is confirmed and no written notice of cancellation is received by us within the specified time as mentioned above, if a delegate has not settled the payment for a course and fails to attend, for whatever reason, the course fee will remain payable in full. To be awarded CPD points, full attendance of all parts of the conference is required. If you arrive later, or fail to attend a course, your course fee will not be waived, refunded or a credit voucher issued.
Weather
In the event that the No.8 typhoon signal is hoisted or the Black Rain Storm warning is raised within 2.5 hours of the course or is due to be raised during the course, the course will be cancelled. In the event of cancellation due to bad weather, the course will be rescheduled or a credit note issued. No refunds will be given.
Record of Attendance
A certificate of attendance can be provided at a cost of HK$40. Alternatively, a verification of attendance in letter format, along with the original payments receipt is available, at a cost HK$40. Please apply in writing to request either a certificate or verification letter subsequent to the course.
Conference Venue
All the conferences, except webinars, will be taken place in either Central or Admiralty. The address of the conference venue will be notified by email, and via the website.
Other Terms
- We may reschedule, vary the details of a course at any time without liability. If we cancel or reschedule the course, except due to the weather conditions indicated, a credit note will be issued.
- Any bank charges and/or expenses incurred as a result of bounced cheques shall be borne by the delegates.
- LexOmnibus will not issue an invoice for registration of a course except under special circumstances and LexOmnibus reserves the right to charge an administration fee for providing that service.
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