The top court yesterday laid down guidelines for judges considering whether confessions obtained during undercover operations can fairly be used as evidence.
Two police officers acquitted of corruption charges in a lower court were ordered to stand trial again by the Court of Final Appeal, which set out the guidelines for the first time. The five judges unanimously allowed the appeal by the Secretary for Justice and quashed the acquittal made by the then District Court Judge David Gill in June 1998.
Chief Justice Andrew Li Kwok-nang said the judge in the new trial would have to consider all facts - including the transcripts of the taped confessions - according to the guidelines when considering whether to exclude confessions from the two officers.
Inspector Lam Tat-ming, 45, and Sergeant Ng Sai-hing, 43, allegedly received $500,000 in bribes from an informer and triad member identified as 'Ngau Wing' in 1992 and 1993 to protect a decorating business.
They were said to have confessed to having taken bribes during the undercover operation with assistance from 'Ngau Wing' and another Independent Commission Against Corruption undercover agent, who was wired with a recording device.
The two were acquitted in June 1998 after Judge Gill ruled the ICAC had tricked them into admitting their guilt and said the confessions were involuntary. The Court of Appeal later upheld the decision, ruling the confessions were voluntary but still inadmissible.