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Course Details

(Live Webinar & Webinar) Developments in the Law: Admissibility of Confession and WhatsApp Messages
Charles J Chan, Barrister-at-law, Head of Courtyard Chambers
Date: 4 July 2025 (Friday)
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 will be applied for)
Ref: L25OT15
Venue: Live Lecture or Zoom Webinar
- Rm 2102, 21/F, Beautiful Group Tower,
77 Connaught Road Central, HK
- Online Webinar via Zoom
[View Map]
Presenter's Biography:

Charles is a seasoned criminal barrister specializing in white-collar crimes and appellate practice. He has been serving the Judiciary as Deputy District Judge since 2012. Charles also actively participates on various governmental boards and committees, as well as those of the Bar Association.
 
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.
 
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.

 
Category: Others
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